Taking my kids on holiday, is consent needed?

[namechange379]

Have booked a holiday abroad next year with my DH, my 4 kids and his 2 children.
3 of my kids are to my EXP and he has parental rights to two of them. Contacted him today to make him aware of the holiday and he replied that he wouldn't give his consent. Has refused to allow me to take them on holiday. Where do I stand and is there anything I can do?
I'm in Scotland BTW

Anyone please?

Have a look at this : www.gov.uk/permission-take-child-abroad

As it happens I've just this minute sent XH a text asking for a letter of permission to take ds2 abroad. I'm lucky in that we have an amicable relationship so have never had to seek recourse to the courts.

Hopefully your X will change his mind.

I have never had a letter of permission nor been asked for one. I did however get asked for birth certificates when coming back into the country because my surname is not the same as my kids. I've taken the kids abroad numerous times too.

I should add my ex has taken them abroad a few times too without a letter and he's in Scotland too.

I read that link, thanks.
No idea what to do,citizens advice told me it's illegal for me to leave the country with the children if he hasn't agreed to it.
So do I have to take it to court, and if so what am I actually asking to gain from court

In England if you're the resident parent you can take them away for a month without "permission".

Hmm I've a CAO though.

I'm Scotland and no CAO

I had to show my dds birth certificates when we arrived back in the UK as different surnames. Why is he refusing?? I'm not sure he can stop you

He is refusing because and I quote "u wouldnt work with me to reduce the child maintenance the CSA day I have to pay u so why should I help you"

It's not something that ever occurred to me tbh, until a couple of years ago. I can't remember what I was reading, maybe a news article? but it was saying that someone was refused at the airport, because they didn't have their ex's permission to take the children abroad. When I looked into it I found that I could be charged with abduction without it.

I've never been asked for the letter by any authorities, but on the tiny, outside chance that some government official demands it, I have one on hand. Rather that than not go on holiday.

Shodan that's my issue though, he is refusing to give his consent, therefore won't write a letter

I'd tell him he needs to have them for the two weeks then. I'm sure he'd agree then. I hate immature exs, he's kids are the ones who will miss out.

He is refusing because and I quote "u wouldnt work with me to reduce the child maintenance the CSA day I have to pay u so why should I help you"
I would be very tempted to rely him that he will have to tell the kids that he is blocking them going on holiday.
I'd also be telling him that he is a childish twat . However only you will know how well that will go down.

He doesn't take them overnight at all Helen, (his choice) so no chance of him agreeing to that 😂

It is very immature and the kids are going to be the ones losing out, he thinks he's hurting me when in actual fact it's his children that will suffer. So petty

Not sure in Scotland but in England you would need to apply to court for a specific issue order. I would suggest you do it now and show the text he went as evidence. Courts are unlikely to stop children enjoying holidays with their parent because of the other parent having to pay maintenance. I would also ask court for an order which specified that you are entitled to take all children abroad for a period of up to 30 days without the other parents consent to ensure this doesn't happen again.

To rely him = to tell him!!

Even more reason to suggest it. He'd rather give permission then that! You can get a court order to do it. If you have the text then I'm sure that proof he's just being an ass.

Oh believe u me, he got that and a lot worse from me, makes no difference though he's the most unreasonable man I know. Because of the maintenance issue he has now quit his job to avoid paying me it..So can't see him budging, no idea how to go about taking it to court?

Looks like the only option I have is to go to court then. Anyone know how I go about this

I'm not sure, OP. This site childlawadvice.org.uk/information-pages/abduction/ looks like it might be useful, or you could try the CAB.

What an absolute shit he is - trying to deny his kids a holiday and avoid paying the maintenance they are entitled to.

I hope you get it sorted.

FWIW the one time I holidayed abroad without DP (my kids dad, kids and I have a different surname) we got stopped entering the US, my 11 year old got asked questions about why his dad wasn't with us and who I was! They also asked to see a letter from DP which luckily I had with me.

I've looked on google but getting very mixed messages as there's a lot of differences between Scottish and English family law, I've called citizens advice they told me to eat a solicitor, can't really afford this if I am going to have to pay court fees on top of that

Not eat a solicitor get a solicitor I mean

I would apply for the order and represent yourself. Might be able to get a solicitor to give you some advice and then you go to the hearing.

Hopefully the court will see it's not that complicated and grant it to you. His text his really helpful in that regard.