Not seeking permission, is not the same as not needing it. I now take my kid away without seeking permission as mother dearest is no longer in the country, though i've a court order stating i must get her permission.
It looks as if this lady could possibly be heading for the family courts, so its best to follow the law in the run up
No doubt you will be going through an extremely difficult time in the coming weeks or months if you're separating and have young kids.
I had the joys of 2 custody battles in the space of 4 years that went to the final hearing (both going my way, though most certainly didn't feel like a victory), and a couple of other court cases, such as one for taking my daughter on holiday!
Anyway one thing i will highly recommend, is sorting your future problems and arguments out between yourselves if that is possible.
If you can't, then go to mediation (DO NOT REFUSE MEDIATION), and resolve it there ... as if you go to the family law court ... all a judge will do is get you both to decide between yourselves outside the court room, and he will rubber stamp the agreement he is pushing you towards. You'll have either CAFCASS or your legal representative going between the separate rooms ... this will cost a fortune many 10s of thousands, and be extremely stressful to the point it killed a young lady around the time i was in court.
You don't have to be in the same room or building for mediation.
SO AVOID THE FAMILY LAW COURTS AT ALL COSTS, AS AT ONE TIME YOU AND YOUR SOON TO BE EX COULD COMMUNICATE ... THIS WILL BE THE BEST OUTCOME FOR THE KIDS AND FOR YOURSELVES.
And the family law court judge isn't interested in your personal squabbles with your ex, they hear it many times a day, every day of the week ... its all about "what is in the best interests of the kids" .... so he may be the worst husband, but if he is a good father that is all the courts care about.
Most family law barristers and solicitors are the scum of the earth who play games with kids lives for money, avoid them other than at mediation!
I wish you well in getting through this!
PS If you cant afford a solicitor to provide advice prior to mediation, find a McKenzie Friend who is a former solicitor, to advise you. Family law is not complex law, you just need to think of what is best for the kids, and be reasonable.
PPS The status quo argument is a good argument in the courts, so avoid moving the kids areas/schools if that is possible, as you have to get permission to move your kids schools from their father.
If you move them without his say so, he can apply to the courts, get the case fast tracked and won probably win.
Avoid the Family Law courts!