Can XH stop me from taking DD out of country at Xmas?

[Needadvice11]

Advice please... I'm still married despite it ending for years ago. XH has never seen 5yo DD at Xmas and now said it's his turn to have DD at Xmas. I'm not from England, I have no family here, and had planned to go home (long haul flight). XH has never had DD for longer than four nights which was over summer holidays. I managed to cover (juggle) the long summer on my own, actually all the holidays.The access arrangements have been very ad hoc. I have worked full time since DD was 1 yo and XH was made redundant and didn't work for three years. Thought out this period XH would have DD one night a week during the week, collecting from nursery at 5pm, dropping at nursery following day at 9am and then once school started, he did one school pickup and drop off. XH lives 10 minute drive away. Four months ago XH got a new job and now he saying he wants to see DD on weekends and wants DD at Xmas. I have received very little in way of maintenance and he has not helped with any school holidays (with exception of 4 nights over summer). Can he stop us from flying out ? My whole family are expecting us home and my son is getting excited about Xmas. This is incredibly stressful... thank you

If there's no official legal custody arrangement in place, I'd just go.

I suppose it depends how important an amicable relationship with your ex is to you?

You say he has the child one night a week. Have you ever even discussed Christmas in previous years?

If he had been a responsible and present co-parent up till now I would take his side on this one, co-parents should alternate special holidays. But that's not your situation, he doesn't get to pop up when he likes and call the shots!

If he is a reasonable person, explain that your plans are already made but that you are happy for him to take her next special holiday once he has established a consistent routine with her.

Yes, he could obtain a prohibited steps order

Which country?

New Zealand. How quickly can a prohibitive order be put in place , is it immediate ? I've just counted that XH has had DD 17 nights in total this year

He doesn't have to get a PSO. You have to get permission from the court to remove the child from the jurisdiction, even for a holiday.

Yes I believe you do

No he cant stop u, you're coming back!! - its a holiday!

Legally you need both parents permission to take a child out of the UK if both parents have parental responsibility. In reality you'll unlikely be stopped unless he goes to court and gets a prohibited steps order.

I'm a family solicitor. SkySmiler is wrong. You have no right to take a child out of the country without the consent of all who have parental responsibility, even if it's a day trip to Calais. In the absence of his positive consent you need to get a court's permission.

What MrsBertBibby says is correct. If you're unsure, you can check on the government website. You can only take your child out of the country without permission if the father doesn't have PR or if you have a child Arrangements order that says the child lives with you.

He could easily have a PSO put in place before Christmas.