Looking for advice

[SassyAunt]

So I’ve recently gained a live with order against my nephew we don’t have contact with his parents anyway long story short my mums booked us a holiday to Disney world for Christmas do I need to get written permission off his parents or can I just take him with the order I’ve searched online it’s not very clear 🤦‍♀️

If the order states that your nephew is to live with you, you can take him out of the country for up to one month without needing the parents' consent.

Above poster this is false. That would be kidnapping, if the parents have parental rights still the op needs permission

@CheekyBrickHiker if you are a regular on the legal topic pages then you should know that @prh47bridge is a family solicitor and has given many a person on here accurate and useful advice here on MN for years.

No, it is not false and it would not be kidnapping. Child Abduction Act 1984 Section 1(4):

"A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if he is a person named in a child arrangements order as a person with whom the child is to live and he takes or sends the child out of the United Kingdom for a period of less than one month"

So, as per my earlier post, if OP has a CAO saying that her nephew lives with her, she does not need parental consent to take him out of the country for up to one month.

Agreed. @prh47bridge is really knowledgeable and helpful.

Then personally should be fired. A judge if she has custody can only agree on leaving country/with parents consent. It’s not her child it’s kidnap this is what law says about it “You can not take a child abroad without asking the other parent first. Even if you are happily married, and you know your partner would say yes. You are still required to get consent. If one parent, even if still together, were to take a child abroad without permission then it counts as child abduction.”

this is from .gov “You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad. Taking a child abroad without permission is child abduction.”

Can you post me source for this because .gov says different

It says in the first paragraph.

The CAO supersedes what you have quoted @CheekyBrickHiker

But that doesn’t refer to the person having a CAO, which changes things.

Yet again the ill informed venturing on to Legal to post incorrect advice, despite being quoted chapter and verse. @prh47bridge is correct as ever.

As another poster points out, I've quoted the source - Child Abduction Act 1984 Section 1(4). Also, from the .gov.uk page that you quoted, "You can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can’t." So no, .gov.uk does not say different (and I shouldn't be fired).

@prh47bridge thankyou so much do I need to take a copy of the order with me for proof

It would be a good idea to have a copy with you, yes. That way, if you are challenged you can prove that you are free to take your nephew out of the country.

Hi everyone,

what if the 28days are in summer holidays and a week falls in the other parents time?

If you have a CAO naming you as someone with whom the child lives, it is not an offence to take your child out of the country in these circumstances. However, if the order specifies that the other parent is to have contact with the child and the time abroad interferes with that, it is a breach of the order. You should arrange an alternative time for contact with the other parent before taking the holiday.

Thank you @prh47bridge