Home > Download Guides > After the Court Order: Sample Letters Part 2

After the Court Order: Sample Letters Part 2

By: Abigail Taylor - Updated: 26 Dec 2014 | comments*Discuss
 
Letter Children Abroad Residence Order

Here are 5 more sample letters to accompany our guide dealing with issues that you might encounter following a court order, particularly with regards to holidaying abroad and emigrating. The first five letters covered: change of children's surname; being kept informed of child's school issues; moving your children's school; taking your children on holiday and agreeing communication with your ex whilst away with the children - those letters can be found here.

To read any of the other guides including the guide dealing with issues following a court order, check out the overview page.

The next set of sample letters covers taking the children abroad and emigrating as follows:

  1. When you want to take your children abroad and no other party has the benefit of a residence order
  2. When you want to take your children abroad and your ex has the benefit of a residence order
  3. When your ex wishes to take the children abroad and has the benefit of a residence order or no residence order applies
  4. When your ex wishes to take the children abroad and you have the benefit of a residence order
  5. When your ex partner wants to emigrate with your children

1. Letter: You want to take your children abroad and no other party has the benefit of a residence order

21 Jan 2017

[Your address]

Dear [name],

I am writing to inform you that I am taking our children [names of children] on holiday from [date] to [date]. We are going to [place - town and country] with [names of anyone else going]. During this holiday we will be [activity e.g. sightseeing].

I will provide you with a full address and contact number of our hotel along with flight / ferry times before we go.

This will not affect our current contact arrangements.*

This will obviously affect our current contact arrangements. I suggest that to make up for the time you would miss with our children during this period, you have the opportunity of an extra contact time of [number of days / evenings missed]. I am happy to arrange for this one-off addition to your contact at a mutually convenient time within 6 weeks of our return from holiday.*

If you wish to discuss my holiday arrangements, please contact me within the next 14 days. Otherwise I will assume that you have no objections to my arrangements.

Kind regards,

[signature]
[your name]

*You will need to choose the most appropriate of these paragraphs and delete the other. You do not have to offer additional contact time but it will prevent any later arguments about them having missed out on contact time.

Note: If you have a residence order in your favour, you may take your children abroad for a period of less than one month without the consent of other persons with parental responsibility. If there is no residence order, there are no restrictions on you taking your children abroad.

2. Letter: You want to take your children abroad and your ex has the benefit of a residence order

21 Jan 2017

[Your address]

Dear [name],

I am writing to inform you that I wish to take our children [names of children] on holiday from [date] to [date]. We would be going to [place - town and country] with [names of anyone else going]. During this holiday we would be [activity e.g. sightseeing].

I would provide you with a full address and contact number of our hotel along with flight / ferry times before we go.

This will not affect our current contact arrangements.*

This will obviously affect our current contact arrangements. I suggest that to make up for the time you would miss with our children during this period, you have the opportunity of an extra contact time of [number of days / evenings missed]. I am happy to arrange for this one-off addition to your contact at a mutually convenient time within 6 weeks of our return from holiday.*

As you have parental responsibility, under s.13 Children Act 1989 I need your consent to take our children out of the UK. I would be grateful if you could confirm you give your consent for this holiday in writing to the above address, or via email to [your email] within the next 14 days so that I can go ahead and finalise my booking.

If you wish to discuss my holiday arrangements, please contact me and I will be happy to provide you with further information.

Kind regards,

[signature]
[your name]

*You will need to choose the most appropriate of these paragraphs and delete the other. You do not have to offer additional contact time but it will prevent any later arguments about them having missed out on contact time.

Note: Under s.13 Children Act 1989, when a residence order is in force, no one can take a child out of the UK without the written consent of every party with parental responsibility or the leave of the court. Under s.1 Child Abduction Act 1984 it is a criminal offence to take a child abroad without this consent unless it is unreasonably withheld.

3. Letter: Your ex wishes to take children abroad and has the benefit of a residence order or no residence order applies

21 Jan 2017

[Your address]

Dear [name],

I understand that you wish to take our children abroad on holiday on [date] to [date]. Please can you provide me with specific details of where you are proposing to go.

I have some concerns about this holiday:a) [first concern - e.g. jet skiing is a dangerous activity]
b) [second concern - e.g. concerned children won't be properly supervised in a foreign culture where they don't speak the language]

Please could you contact me via email to [your email] or phone to [your phone number] within the next 14 days to discuss this issue?

Kind regards,

[signature]
[your name]

4. Letter: Your ex wishes to take the children abroad and you have the benefit of a residence order

21 Jan 2017

[Your address]

Dear [name],

I understand that you wish to take our children abroad on holiday on [date] to [date]. Please can you provide me with specific details of where you are proposing to go.

I have some concerns about this holiday:

a) [first concern - e.g. jet skiing is a dangerous activity]
b) [second concern - e.g. proposed holiday just before child's school exams when should be revising]

Under s.13 Children Act 1989, you need my written consent (as a person with parental responsibility) to take our children out of the UK. It is a criminal offence under s.1 Child Abduction Act 1984 to take them abroad without my consent.

I am not saying that I will not give my consent at this stage, but I do have some concerns that I would like to discuss. Please could you contact me via email to [your email] or phone to [your phone number] within the next 14 days to discuss this issue?

Kind regards,

[signature]
[your name]

5. Letter: When your ex partner wants to emigrate with your children

21 Jan 2017

[your address]

Dear [name],

I am aware that you are intending to emigrate to [country outside the UK] with our children [names of children].

I have some concerns about this proposed move:*

a) Our children are settled here in good schools and it will unsettle their education
b) It is during exam-time for [child's name] and so this is an inappropriate time for their education to be unsettled
c) Moving abroad would mean that I would not be able to see our children as frequently and would move them away from the rest of their family in the UK
d) Moving abroad at such a young age would mean that they effectively have no relationship with me as their father

Despite you having a residence order, you still need my written permission (under s.13 Children Act 1989) to emigrate as I have parental responsibility for the children. If you attempt to emigrate without my written consent, you will commit a criminal offence under s.4 Child Abduction Act 1984 and I will apply to court for the children to be returned to the UK.

I would prefer to discuss this matter with you to try to resolve issues, rather than refer the matter to court. Please can you contact me via email at [your email address] to arrange a mutually convenient time to discuss this issue?

Kind regards,

[signature]
[your name]

*Select the appropriate concerns / substitute your own. These are simply examples of common concerns.

** NEW** Separated Dads Chat Room & Forum

The Separated Dads Forum is a place where you can discuss relevant issues and concerns including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or just have a general chat with other dads.

Please help us launch it and make it a great resource for dads going through difficult times. We hope to see you on the Forum soon....

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Hi I have a court order two see my 2 daughters who are 10 and fivebut I have not seen them since June 2013 due to taking a holiday and my wife not agreeing to this, so on return she wouldn't allow contact. Bearing in mind I've spent £1200 pounds in solicitors fees to keep getting to see my daughters , as me and my ex partner split when youngest daughter 5 months old . My wife will not accept any contact from me and I've just not had any spare money over the last 18months to fight the case but this is a problem I'm going to have to face upto in early 2015 , can I get this case back to court without having to pay a solicitor to sit in court with me nearly all day say a few words and present me a large bill , as I feel I can answer a judges questions myself due to being in court so many times regards these matters thank you hope somebody reads this and can help me
Robby - 26-Dec-14 @ 10:10 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the SeparatedDads website. Please read our Disclaimer.