Page 4 | Taking child on holiday

Name99 · 2022-06-19T12:59:55+00:00

Hi, I need advice on how to obtain permission from the court to take a child on holiday. I know for access a form can be downloaded to apply yourself, cutting out the need for solicitors Is there a similar process for taking a child on holiday? The child is 17, the ex will dispute out of pure spite. Can anyone advise please ? Thanks

PineappleWilson · 20/06/2022 12:41

@clpsmum if you have a read, the OP / non-resident parent who wants to go on holiday is male, the "abusive spiteful arsehole" in this case is female.

Original poster

Name99 · 20/06/2022 12:52

Yes the abusive parent is female

OP posts:

Original poster

Name99 · 20/06/2022 13:13

Eddiesferret · 20/06/2022 12:26

Name99 I would have this moved to Legal. You will get a lot of opinion in AIBU that really has no relevance in law.. there are a few excellent family lawyers/barristers there who should be able to interpret the order.
It looks like to me (law degree but not lawyer ) that you have shared residency and therefore each can take on holiday for up to 28 days without permission of the other.

You may also get some good advice from the Coram legal centre. A charity dedicated to child rights.

I have used them for a dispute where the parent applied to move my husbands children to a non Hague convention country. They have excellent advice which assisted me in writing the opposing statement.. and the request was refused.

www.childrenslegalcentre.com/

Thank you very much

OP posts:

clpsmum · 20/06/2022 15:21

PineappleWilson · 20/06/2022 12:41

@clpsmum if you have a read, the OP / non-resident parent who wants to go on holiday is male, the "abusive spiteful arsehole" in this case is female.

Ooops didn't see that. Guess arseholes come in all genders!!

Marmight · 20/06/2022 21:30

A child arrangement order normally expires at the age of 16 unless 18 is explicitly mentioned.
The 17 year old could legally go abroad without either of his parents permission.
I would personally find a family law solicitor and pay a one off fee to get advice on this.
Then if you do need to, a specific issue order can be obtained through the courts via the c100 and a cost of £215.
I also wonder if a court official could advise about the age limit?

Mia85 · 20/06/2022 22:11

Marmight · 20/06/2022 21:30

A child arrangement order normally expires at the age of 16 unless 18 is explicitly mentioned.
The 17 year old could legally go abroad without either of his parents permission.
I would personally find a family law solicitor and pay a one off fee to get advice on this.
Then if you do need to, a specific issue order can be obtained through the courts via the c100 and a cost of £215.
I also wonder if a court official could advise about the age limit?

A lives with CAO/residence order expires at 18 not 16, unless anything to the contrary is stated in the order. See see s91(10) (10A) and (13) Children Act 1989 www.legislation.gov.uk/ukpga/1989/41/section/91
The OP has confirmed that this order lasts till 18.
The situation is different to those under 16 because the criminal offence of parental abduction does not apply to those aged 16 and 17. That means that the usual concerns about being stopped do not apply (unless there were a suspicion about a different offence) as the police/border force do not enforce conditions in family court orders.

Original poster

Name99 · 20/06/2022 22:12

Marmight · 20/06/2022 21:30

A child arrangement order normally expires at the age of 16 unless 18 is explicitly mentioned.
The 17 year old could legally go abroad without either of his parents permission.
I would personally find a family law solicitor and pay a one off fee to get advice on this.
Then if you do need to, a specific issue order can be obtained through the courts via the c100 and a cost of £215.
I also wonder if a court official could advise about the age limit?

A court officer from the court the order was issued at confirmed it was 18.
I posted screenshots earlier in the thread but this is the part about holiday

OP posts:

Original poster

Name99 · 20/06/2022 22:13

The other parent who is likely to try block it was the parent the order was in favour of.
It's the wording of it that isn't clear

OP posts:

Original poster

Name99 · 20/06/2022 22:17

And its a residency order that was made after the parent who is likely to block, assaulted a family member of the other parent who wishes to take child on holiday had to take it back to court after the assault and refusal (kidnap) of the child to regain access as the assaulting parent would not allow access and was in breach of the original order.

OP posts:

Original poster

Name99 · 14/07/2022 13:07

Bump.
The holiday is nearing and the other parent has " changed her mind" again
Can anyone please advise on the legality of the child travelling please

OP posts:

jeaux90 · 14/07/2022 14:55

Mia85 · 19/06/2022 17:45

There are two elements here that are relevant. The criminal law on child abduction only applies to children under 16 www.legislation.gov.uk/ukpga/1984/37/section/1 so you are fine there (save that the law in the destination country may be different).

The wording in the order simply reflects the standard provision in the Children Act for taking a child abroad when there is a residence order (now 'lives with' child arrangements order) i.e. that the resident parent can take the child abroad for up to a month but any other trip requirest written consent of both. www.legislation.gov.uk/ukpga/1989/41/section/13 Generally residence orders will expire when the child is 18 unless yours says anything different.

This post is useful OP