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taking my children abroad
#1
morning all, 

hope everyone on here is making progress with their own battles, i know this site is becoming a great source of information and support to me personally in mine.

i have a query that some may have had experience of before....

i am planning a holiday to eurodisney next summer for me and my daughters but my ex is adamant she will not let us travel abroad.  She has always had a massive reaction to kids staying over in the past and its taken 2 years to get the penny to drop in terms of them staying with me and now taking 2 holidays a year in the uk for a week.

But next year is the time i want to push for foreign holidays, is there anyway around the massive confrontation in courts if the ex is point blank refusing to talk about it

thanks in advance

dave
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#2
(09-22-2016, 09:02 AM)daveyboygreen Wrote: morning all, 

hope everyone on here is making progress with their own battles, i know this site is becoming a great source of information and support to me personally in mine.

i have a query that some may have had experience of before....

i am planning a holiday to eurodisney next summer for me and my daughters but my ex is adamant she will not let us travel abroad.  She has always had a massive reaction to kids staying over in the past and its taken 2 years to get the penny to drop in terms of them staying with me and now taking 2 holidays a year in the uk for a week.

But next year is the time i want to push for foreign holidays, is there anyway around the massive confrontation in courts if the ex is point blank refusing to talk about it

thanks in advance

dave

I am assuming the Children are British and only hold a UK Passport, and are not subject to any Immigration Controls. If this is incorrect, more detail will be needed.

The law in that situation is that to take a child out of the UK, you need consent from everyone with PR.

The only Exemption is where a Child Arrangements Order is made, making someone the Resident Parent. To be clear on this point, the wording is often "xxxx lives with xxxx and spends time with xxx". In that situation, the Resident Parent has the right to take the child away for up to 28 days at a time for a holiday, but that can not be during normal contact time unless its by agreement.

How to deal with this depends on what basis your contact is currently happening.
Is there a Court Order? Medication Agreement? Any other Formal Documents?

Do not put detail what might identify who you or anyone in your case is, but as well as what type of arrangement, what does it say about holidays, and does it say anything about oversees visits?
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.
Reply
#3
(09-22-2016, 05:54 PM)MarkR thats as i thought then, they reside with their mum . we have no leagla agreements in place, just think i need a letter form her to express that i have permission to take them on hols.  wonder if she will consent though Wrote:
(09-22-2016, 09:02 AM)daveyboygreen Wrote: morning all, 

hope everyone on here is making progress with their own battles, i know this site is becoming a great source of information and support to me personally in mine.

i have a query that some may have had experience of before....

i am planning a holiday to eurodisney next summer for me and my daughters but my ex is adamant she will not let us travel abroad.  She has always had a massive reaction to kids staying over in the past and its taken 2 years to get the penny to drop in terms of them staying with me and now taking 2 holidays a year in the uk for a week.

But next year is the time i want to push for foreign holidays, is there anyway around the massive confrontation in courts if the ex is point blank refusing to talk about it

thanks in advance

dave

I am assuming the Children are British and only hold a UK Passport, and are not subject to any Immigration Controls. If this is incorrect, more detail will be needed.

The law in that situation is that to take a child out of the UK, you need consent from everyone with PR.

The only Exemption is where a Child Arrangements Order is made, making someone the Resident Parent. To be clear on this point, the wording is often "xxxx lives with xxxx and spends time with xxx". In that situation, the Resident Parent has the right to take the child away for up to 28 days at a time for a holiday, but that can not be during normal contact time unless its by agreement.

How to deal with this depends on what basis your contact is currently happening.
Is there a Court Order? Medication Agreement? Any other Formal Documents?

Do not put detail what might identify who you or anyone in your case is, but as well as what type of arrangement, what does it say about holidays, and does it say anything about oversees visits?
Reply
#4
(10-14-2016, 11:43 AM)daveyboygreen Wrote:
(09-22-2016, 05:54 PM)MarkR thats as i thought then, they reside with their mum . we have no leagla agreements in place, just think i need a letter form her to express that i have permission to take them on hols.  wonder if she will consent though Wrote:
(09-22-2016, 09:02 AM)daveyboygreen Wrote: morning all, 

hope everyone on here is making progress with their own battles, i know this site is becoming a great source of information and support to me personally in mine.

i have a query that some may have had experience of before....

i am planning a holiday to eurodisney next summer for me and my daughters but my ex is adamant she will not let us travel abroad.  She has always had a massive reaction to kids staying over in the past and its taken 2 years to get the penny to drop in terms of them staying with me and now taking 2 holidays a year in the uk for a week.

But next year is the time i want to push for foreign holidays, is there anyway around the massive confrontation in courts if the ex is point blank refusing to talk about it

thanks in advance

dave

I am assuming the Children are British and only hold a UK Passport, and are not subject to any Immigration Controls. If this is incorrect, more detail will be needed.

The law in that situation is that to take a child out of the UK, you need consent from everyone with PR.

The only Exemption is where a Child Arrangements Order is made, making someone the Resident Parent. To be clear on this point, the wording is often "xxxx lives with xxxx and spends time with xxx". In that situation, the Resident Parent has the right to take the child away for up to 28 days at a time for a holiday, but that can not be during normal contact time unless its by agreement.

How to deal with this depends on what basis your contact is currently happening.
Is there a Court Order? Medication Agreement? Any other Formal Documents?

Do not put detail what might identify who you or anyone in your case is, but as well as what type of arrangement, what does it say about holidays, and does it say anything about oversees visits?

As her for consent, best in a way you can prove.

If she says no, then make a Court Application for a Specific Issue.

State in your application that since Separation you have managed to work things out between yourselves, however you are having to ask the court to resolve one issue. You would like to take your children out of the UK, for a holiday, during time that its been agreed they will be with you.

Also say that the normal in this situation is for the Resident Parent to be given
1, Flight details
2, Who is travelling in the group
3, Where your staying
4, An Emergency contact phone number.

Put you are willing to provide this, and to provide her with any other  relevant information she might want about the holiday on request

Unless your ex can evidence risk of no return, or have any concerns about the country you are planning to visit, there should be no issue
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.
Reply


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