Can My Ex Stop Me Taking My Son on Holiday?

I booked a holiday to Egypt when my partner and I were together. We have split up and now she is saying I can't take my son on this holiday. He was born after 2003 and I am on the birth certificate, he bears my name, and there are no residental orders or any other legal orders in place.

Where do I stand? I have only been gone two weeks and her boyfriend is already sleeping in my bed. Our son is only 4

(K.C, 15 May 2009)

It sounds as though the split between you and your ex is still fairly recent so it must be very difficult trying to deal with this situation. Not only are you angry, upset and confused about the end of your relationship but are now being stopped from spending time with your son. When you are used to seeing him every day this is obviously going to feel very unfair.

As you are named on the birth certificate you automatically have parental responsibility which means you have the right to be involved in the upbringing of your son. You are entitled to a say in all major life decisions that affect him and his wellbeing. However, if he continues to live with your ex, then she have the right to make decisions about his everyday life. As you have split so recently and have no legal settlements in place there is nothing concrete to refer to about who has residence or custody of your son.

Technically, as long as your son has his own passport, you are able to take him out of the country without your ex’s consent. However, legally it is encouraged for you to seek her written consent. At this early stage of your split it would be inadvisable to take him out of the country without her consent as it could work against you in the courts. Your ex is being unreasonable about the situation, especially as you booked the holiday before you split, but if she wanted to cause a fuss then she could apply for an order to stop you taking him away.

The most important issue here is that you two find a mature way to communicate and concentrate on what is best for your son. He is probably also confused about the split and it would be good for you to spend some time with him. Try and talk rationally and calmly to your ex about the situation. Don’t make accusations or bring her new boyfriend into the conversation, just stick to talking about your son. It would be a good idea to consider mediation so that you can find a way to work together amicably.

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Can My Ex Stop Me Taking My Son on Holiday?

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