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Advice please
#1
I read a few post before posting here and from what i can see im quite luckly when me and my daughter mother spilt, i had my daughter living with me full time after about 8 months, my ex moved to the US to marry her new feller when she came back she took me to court to get a contact order which i argeed to but under my condentions eg at fun centre so she was able to go play when she felt to stress with everything and her new partner nd daughter couldnt be there till my daughter was ready to meet them. She failed to turn to the frist vist then the second i offered a 3rd but closer to home for me as i couldnt afford to take any more time off work and her not show up again, now i got a prohibited step order in place say my daughter is to live with me till another court says otherwise, out of spite my ex has said she will not let my daughter go on holiday this year with my mum and dad as she does every year, i dont know what to do i place new papers in court and is wait for a hearing date but my daughter is heart broken that she cant go away this year, any advice on what i can do would be very helpful thank you.
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#2
(05-08-2017, 07:58 PM)budge44 Wrote: I read a few post before posting here and from what i can see im quite luckly when me and my daughter mother spilt, i had my daughter living with me full time after about 8 months, my ex moved to the US to marry her new feller when she came back she took me to court to get a contact order which i argeed to but under my condentions eg at fun centre so she was able to go play when she felt to stress with everything and her new partner nd daughter couldnt be there till my daughter was ready to meet them. She failed to turn to the frist vist then the second i offered a 3rd but closer to home for me as i couldnt afford to take any more time off work and her not show up again, now i got a prohibited step order in place say my daughter is to live with me till another court says otherwise, out of spite my ex has said she will not let my daughter go on holiday this year with my mum and dad as she does every year, i dont know what to do i place new papers in court and is wait for a hearing date but my daughter is heart broken that she cant go away this year, any advice on what i can do would be very helpful thank you.

First of all, are you located in the UK now, as that is where most of us are based so we know the legal process.

If you are and this holiday is in the UK, there is no issue.

However, if its going out of the UK, then you will need to make a Specific Issue Application, asking for this, as you need consent from everyone with PR.

If you was going it would not be an issue, as where a Child Arrangements (or Consent Order) makes someone the Resident Parent, they gain the right to take the child out of the UK for holidays of up to 28 days a year, but it does not give them the right to do this during contact time, unless its by agreement.

Your suggesting that this has happened in the past, where they have been allowed to go, so in law, the starting point of  the case, is her having to show reason why it should not happen, what must be something new, not known at the last time it happened.
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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