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Would judge grant holiday to non Hague convention country?

6 replies

Camcam · 22/06/2022 20:37

Hi there, posted a similar post before.
STBX EA H is wanting to take DS to his home country (a non Hague convention country). Holiday is already booked and was booked before we split.

Following his EA, threats and actions since splitting I really would not be surprised if he would not return DS from his country. DS is currently living with me and I have his passport with me. He could easily apply for a one from the embassy of his home country.

I am wanting to apply for an urgent PSO but the solicitor said there is a possibility a judge would grant the holiday to go ahead as I don't have any evidence of his threats (verbal).
In experience is it likely a judge would grant a holiday to a non Hague convention country for a baby? I'm debating to apply for the PSO anyways.
Thanks in advance!

OP posts:
GettingItOutThere · 23/06/2022 00:00

no legal advice but bumping

i would not be allowing a baby away from you either - do you have a court order?

how old is baby?

RedHelenB · 23/06/2022 07:34

Could you go too?

Willhewonthe67 · 23/06/2022 07:46

I would get legal advice on this from a specialist legal firm if you can afford it - and in these circumstances it would be money well spent.

You need to flag the risks of abduction with the courts. A specialist solicitor will be able to do this in a way which will make it less likely that the court will agree to the holiday. When courts have been told explicitly in writing that there is a risk of the child not being returned from a non Hague Convention country they are much more hesitant as if the worst happens they appear negligent/incompetent.

In the meantime document in writing the verbal threats. Make the point that your ex is clever enough not to leave a written record of the threats.

Be reasonable in allowing access to the child in the UK - eg saying that grandparents can come and visit child here.

If the child is removed to a non Hague Convention jurisdiction it will be virtually impossible to get them back. If you go with the child you may also be detained.

Collaborate · 23/06/2022 12:29

There are additional hoops parents have to jump through when taking a child to anon-convention country. A specialist solicitor will be able to advise.

Camcam · 23/06/2022 14:37

Hi thankyou all, will look into the solicitors mentioned above, unfortunately none of them are near me.
Myself going on holiday isn’t an option as due to the Muslim laws of the country he could easily travel ban me aswell as DS so we would be stranded out there.

OP posts:
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