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Can father take baby on holiday when there's a court order stating how much access he's allowed?

5 replies

pippypoppypanda · 25/11/2007 16:15

The father of my 11 month old son has said he wants to take him on holiday even though he's not even allowed any overnight contact until he's 18 months, can he take me to court to allow this? There's no way I could let him take him for a week until he's old enough I can't sleep for worrying.

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stripeymama · 25/11/2007 16:23

He could attempt to take the matter to court but if he has already been denied overnght contact I suspect he'd be unlikely to get what he wanted.

Its a horrible situation - my ex wanted to take dd abroad with his family for two weeks when she was 2.4, and I said no and worried for ages that he'd try to force me to agree.

Getting used to spending nights away from you needs to be a gradual process and I'd expect (hope?) that the court would recognise that.

pippypoppypanda · 25/11/2007 16:24

So what age would you think they'll allow him to take him for that length of time?

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stripeymama · 25/11/2007 16:32

No idea...

Depends on all sorts. Sorry I know thats not very helpful!

Why is he not allowed it yet? Is it on the grounds that your ds is too young?

Freckle · 25/11/2007 16:32

It is for you to decide whether your ds should go or not. However, if you say no, his dad could apply to the court for an order allowing this. Having said that, if there is already an order in force stating no overnight contact until 18 months old, he'd get short shrift from the court unless he could show that circumstances had materially changed from when that order was made.

pippypoppypanda · 25/11/2007 16:38

Yeah its because he's too young. And basically he would go out on the piss as soon as he was asleep and leave him with his alcoholic mother!

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