Taking kids abroad!

Survive, I recall reading that somewhere also, 2 weeks is reasonable and normal whether married or separated or divorced.

Bearing in mind that 2 out of 3 marriages end in divorce it would be carnage at the ports if an angry ex could stop their ex spouse from going on holiday with children.

Maybe it is the master plan of drug runners and illegals to take up all border control forces and our civil force in patrolling UK exit of families going on 1 or 2 week holidays abroad or alternatively taking up weeks and weeks of court time and keeping the hotline for child abduction manned all the time to prevent people accessing the service where there is a real risk of children being abducted into far flung jurisdictions.

survive wrote:

My understanding of this is that if you both have PR then either of you can the children abroad for up to 2 weeks without the consent of the other (providing it is not in each others contact time).

I may be mistaken though....


Survive

It is a criminal offence under s1 Child Abduction Act 1984 to take children abroad without the consent of all those with Parental Responsibility for a child or permission from the courts. The exception to this is when there is a residence order in favour of the parent taking the children abroad for up to one month, but even then the usual legal advise is agree holidays with the other parent so that there can be no misunderstandings resulting in last minute court hearing, All Port Warnings or even worse the holiday being disrupted by the authorities abroad.

Of course thousands of separated parents go away with their children every year and there are no problems, but there are a few every year who have their holiday ruined because they didn''t obtain consent from the other parent or permission from the court.

Thanks Fiona, as I didn''t know that either.

I understood from my court (contact order) was that either of us could take them abroad without the other parent consent - I''ll have to check that for my future too, as could imagine ex being an ass over something like that - maybe we had something written into our then and that could be where I''m getting confused.

Apologise to the orginal thread if my info isn''t correct

Survive

Well, yes, if there are conditions attached to the court order giving you permission from the courts to go on holiday you wouldn''t need consent from the other parent. IF there is a residence order or shared residence order strictly speaking you don''t need consent although you may still need agreement if the holiday involves changes to contact.

I''m quite glad this has happened. When I asked for a residence order, I was denied as there was in the Judge''s mind, no reason for it. I stated this might happen but was ignored (literally!). Now I have proof, so will apply again. Who knows, the next Judge may be a bit less ''male biassed'' than the last 2!

I have sent the stbx and e-mail asking if he has actually put something in place to prevent us leaving. We shall see where it gets us, otherwise I shall have a fun day at the courts tomorrow instead of a fun day packing. Joy!

It is a strange thing bearing in mind just how malicous and abusive my ex husband and his partner are but strangely your experience makes me feel good; not because of the ridiculous pressure he is putting you under (and I would add if he doesn''t reply to your e-mail requesting information why does he believe you should apply into court for permisson to leave temporarily?) but because after years and years of my ex abusing his position of "power" as my ex (he was btw a virgin when we met - I know now why not particulary a virtue when you are not religious and over 20) that I suddenly have a little closure on his stupidity (and mine a while back).

If he can''t respond with reasons why and his confirmation of a probibitive steps order I am not sure that wasting your time and courts time in applying for rights to temporarily leave is a worthwhile exercise.

In fact I would think that I would be asking him whether he considers his threat of denying his children a holiday and potentially denying you the funds already invested is something he is prepared to defend in an action for damages against him.

Putting you to this much stress and agrevation with no good cause is potentially a cause for action.

Maybe you could suggest to him that you have consulted a trustee (that is not a lie) and that they have suggested that you might be able to take a case against him and that it is up to him to prove his allegation rather than you having to defend yourself.

Ha ha! I like it! Except he has a firm of solicitors at his disposal, and I do not... and well he knows it.