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Passport
#1
I have recently found out my ex partner has taken my son out of the UK on holiday. 

I am on the birth certificate and my son has taken my surname. I have had a court order since May 2015 to say i can see my son alternative weekends however he will reside with his mother. 

The contact order was broken by her May 2016 and i am currently to and from court to enforce this. In this time my partner has taken my son out of the country. I have not been made aware of him even having a passport, i have not signed anything to say he can have a passport nor leave the country. 

Is his mother aloud to get him his first passport without my say so? and is she aloud to take him out of the country without informing me? We are in court for the 4th time this week, i am just wondering if i can bring this up in court.
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#2
(12-05-2016, 04:43 PM)father123 Wrote: I have recently found out my ex partner has taken my son out of the UK on holiday. 

I am on the birth certificate and my son has taken my surname. I have had a court order since May 2015 to say i can see my son alternative weekends however he will reside with his mother. 

The contact order was broken by her May 2016 and i am currently to and from court to enforce this. In this time my partner has taken my son out of the country. I have not been made aware of him even having a passport, i have not signed anything to say he can have a passport nor leave the country. 

Is his mother aloud to get him his first passport without my say so? and is she aloud to take him out of the country without informing me? We are in court for the 4th time this week, i am just wondering if i can bring this up in court.

Where no Child Arrangement Order Exists, the law requires you to have consent from everyone with PR to remove a child form the UK.

By default, when a Child Arrangements Order is made, it gives the Resident Parent the right to remove the Child from the UK for up to 28 days at a time, for Holiday. However, this does not give her the right to do this in time the child should be with you, unless its by agreement.

The only way to stop it, would be if you have reason to believe that the child would not be returned to the UK.

As the none resident parent, you need either consent from your ex, or the court. Unless your ex can show that you might not return the children, it would normally be allowed, subject to her being given
1, Flight details
2, Told who is going
3, Where staying
4, An emergency phone number being provided.

Its also worth mentioning in my own case, my ex has to suggest the dates for Summer Holidays 3 months in advance, and they are confirmed 2 months before, so that I can get the best deal when booking holidays.

You can ask a court to also order Passports to be handed over 21 days in advance, to they can be checked if valid (some places require a 3 or 6 months run on from expected departure date) and not damaged. Should they be in use in this 21 days, then you should ask for them to be handed over as soon as practical, on the child returning to the UK.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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