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Seperated Dad And Rights To Take Children Outside Of The UK
#1
Hey Guys,

Got a situation where i get regular access to my children so thats good, i get to take them on UK holidays but never outside of the UK unless she meets my partner of two years, now when we go on UK holidays and they stay with me my partner is always with us and the kids love her.

What rights do i have? Is it a simple go to court situation to force the issue? Also if she can impose that on me presumably i can return the favour of being difficult as she is clearly not thinking about the children.

We have joint custody and i am on both of their birth certificates which i believe gives me rights???

Thanks

Chris
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#2
unfortunately even with dads having PR we never have equal rights with the mum
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#3
There’s a useful summary of the legal position on taking children abroad at http://www.gov.uk/permission-take-child-abroad. Basically, everyone with parental responsibility has to give permission for a child being taken abroad, although if there is a child arrangement order stating who the child lives with, then that person can take them abroad for 28 days without getting permission from the others. If someone with PR doesn't agree, then you can apply to a court for permission.
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#4
You have equal rights , especially if there is no court order specifying holidays - you have to agree with the ex if it impacts her contact time (which it probably will) ... its polite eh and she has to do the same if she takes them

So you have 2 options:

1. you can both work it out sensibly and agree to support each other having holidays with the kids
2. you can both block each others holidays and sit at home rejoicing in your victory

Guess which one most ex's take?!

Who you go on holiday with has nothing to do with your ex.... you are an equally capable parent.

You can push it via court if she plays dirty (withholds passports)... they will side with the need for kids to have a holiday
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#5
(02-24-2017, 10:21 AM)Coward1982 Wrote: Hey Guys,

Got a situation where i get regular access to my children so thats good, i get to take them on UK holidays but never outside of the UK unless she meets my partner of two years, now when we go on UK holidays and they stay with me my partner is always with us and the kids love her.

What rights do i have? Is it a simple go to court situation to force the issue? Also if she can impose that on me presumably i can return the favour of being difficult as she is clearly not thinking about the children.

We have joint custody and i am on both of their birth certificates which i believe gives me rights???

Thanks

Chris

Where you say you have joint custody, how did you gain this?

If a Child Arrangments Order (or Consent Order) exists, then an application to vary it is the way forward, asking just to add this on.

If no Court Order exists, then apply to Court for a Spercific Issue Applicaiton. State that Child Arrangements are in place where you have joint custody, but you want to take the child outside the UK for a holiday and your ex is refusing, so you would like the court to consider your application to do this.

In both cases, its up to the ex to show there is a risk for no return.

The normal is having to provide Flight Detaiils, Where staying, who is going and an emergancy phone number.
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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