Taking children on holiday

[Gem2007]

Hi

I don't know if I'm posting this in the right place! But any help or advice would be appreciated!

I have 2 children to my ex. I have had no contact with him for around 2 years now (and neither have the children). I am wanting to take them on holiday, however I need a letter of consent from him as they have his surname.

Using a solicitor, a letter was written to their father 4 weeks ago, no response, solicitor is unsure on next move as he hasn't had to do this type of thing before. Has anyone been through this that can give me any advice at all?

Thank you in advance x

It has nothing to do with the surname it has everything to do with PR. All those who have Parental Responsibility must give consent for overseas travel EXCEPT where there is a contact/child arrangements order AND the travelling parent is named as having residence . If this is the case you can travel without anyone's permission for up to 28 days.
If you have requested permission and been ignored or refused you need to apply to the family court for a 'specific steps order ' the forms are online at HMCTS . You do not need a solicitor for this. It costs £215 but if you fill out form Ex60 on the same site . and are on a low wage or high rent , then you will be exempt from most or all of this cost.

Good luck !

Ahh right okay, i have been told previously that its because they have their dads surname which is different to mine, I didn't realise it was the parental responsibility thing.
Thank you for your advice! I'm finding my solicitor pretty useless, so if I can do it without him then brill!

Thank you

Yes , quite straightforward. If he doesn't have PR because not named on bc (and no one else has PR) then you don't need anyone's permission. But take BC with you.

Beware of people who will come on this thread with anecdotes about 'I went to Timbuktu last year and we weren't stopped' It is the law . Taking them without permission is child abduction. Many many people do it every year and get away with it but it's a lottery you don't want to play. !

Dead easy to apply to the court yourself OP. I'd also recommend applying for a residency order which would give you on going permission to take them abroad.

I did this 8 years ago (after ex refused permission twat ) and was worth it for peace of mind. The only time I've ever been questioned was crossing a European border by car, and we've travelled a fair few times!

Thank you! You've both given me some hope and some things to look in to this week now!

I have a different name to my children - I always travel with copies of birth certificates and my decree absolute. I have never had an issue except to say on one occasion my eldest was taken aside and asked if I was his mum.

Please do go to court. At one point I lived abroad with my son from a previous marriage and every single time I came back into the UK from wherever we were stationed I was questioned. Always carry the court documents and birth certificate just to be safe.