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Rights to take child on holiday

7 replies

rubbleonthedoubl · 10/01/2018 15:15

My ex doesn't have a court order to see our child but he does have PR.
Can he stop me taking my child abroad?

OP posts:
jaimelannistersgoldenhand · 10/01/2018 15:26

Is it to a country under the Hague Convention? How long is the holiday for?

furryelephant · 10/01/2018 15:36

I believe unless you have a child arrangement order then yes you may need his permission to take them abroad. You may or may not be stopped and asked for it though! A court would be very unlikely to not grant the permission if your ex refused and you had to take him to court though. If you have a child arrangement order saying they reside with you then I think you can go for 28 days without his permission.

Figrollsnotfatrolls · 10/01/2018 15:38

If you have residency you don't need his permission for less than 28 days.

rubbleonthedoubl · 10/01/2018 17:27

It's just to the canary or Balearic island for a week or 2. I just don't want to book it then last minute he decides to try and stop me?
We haven't gone to court yet so neither of us have residency.

OP posts:
StrongerThanIThought76 · 10/01/2018 18:19

Without a residency order you would both need the others' written to take children out of the UK.

It costs a couple of hundred pounds to apply for a Specific Issues Order at court, very straightforward to apply and you shouldn't need a solicitor if you feel confident enough.

I applied for a SIO and the Judge awarded me residency there and then when my ex refused permission to take my kids on holiday. Only once since then (7 trips abroad) have I been asked to show any of the documents but it wouldn't be worth the stress.

Queenofthedrivensnow · 12/01/2018 09:29

Do the dc have the same name as you?
I've been abroad every year with my dc they ha e same name as me I've never been stopped we go to Spain and Cyprus etc.

Always send a letter with my foster kids at work though they often get stopped with foster carers due to different surnames

Queenofthedrivensnow · 12/01/2018 09:29

Also it doesn't say 'divorced' on your passport!!

Also my exh takes dc on holiday and he hasn't been stopped

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