Taking kids abroad!

Do you know what, it has given me a stupid idea and I am not really going to do it but maybe I should write my ex a letter and threaten him that I might go on holiday abroad somewhere!!!!!!!!!!

That might really anger him and maybe lead him to resort to reporting me to the authorities or HM Customs to prevent me fleaing the country seeing as he knows full well that he has left me with all the debt, frozen all my assets and my mothers and that neither my mother nor I nor our eldest son has been out of the county let alone the country for the last 4 years.

Solicitor David Hodson sets out the legal position here;

www.davidhodson.com/assets/documents/Holiday.pdf



If your ex has Parental Responsibility, you don''t have his consent to take the children abroad and he alleges there is a flight risk he could apply to court as an emergency for a Prohibited Steps Order to prevent you from taking the children abroad and then the papers would be served on you.

Alternatively if he made an official allegation of international child abduction and convinced the police there is an imminent flight risk the police can issue an "All Ports Warning" you may be prevented without notice from leaving the country at the point of departure.

Would he not have to have some sort of proof to make an official allegation of international child abduction?!

Control freaks don''t need proof they just need to prove that you are wrong and they are right!!!!!!!!!!!! (the exclamation marks are something that my ex was always putting on letter to me during the first part of our separation and divorce).

How dare, she!!!!!!!

My ex "anonymously" reported me to the county hall for seriously abusing our disabled son, he had dirt under his finger nails which was evidence of my abuse!!!!!!!!!!

Needless to say social services were obliged to take the report seriously and sent out the disabled team social worker to investigate the seriousness of the allegation.

They were immediately satisfied that son was not at risk and came at a time when I was in a rush to get to my solicitor as husband was threatening to enforce a final hearing without my appeal being heard.

Later much more social service intervention including interviews with son to see if he was capable as a disabled adult to make an independent decision as to whether he wanted to see his father.

Social services showed ex their report including disabled sons confirmation that he had seriously abused him physically during the marriage and confirmation by me that he had wrote demanding I sell the FMH (which was ordered to be transferred for the benefit of his son) and ex stated that he never hit his son and never said I should sell the house.

As I say if you are dealling with a angry control freak it doesn''t matter what evidence is in front of them and how many experts give their opinion the control freak is always right and everyone else is always wrong.

You don''t have consent to take the children on holiday. The police can issue an All Ports Warning as an emergency if they are convinced there is a real possibility and imminent danger that the child in question may be removed from the UK without the appropriate consent.

Whether or not they will is a different matter, but the only way to be sure you can leave the country without any hassle is to apply first thing in the morning for permission from the courts.

I think that the Police would ask some preliminary questions before they went to the trouble of issuing an all ports warning for international child abduction.

The Police are well used to dealling with warring families and marital disputes.

The standard phrase you get from the Police when they haven''t got time is "that is a civil matter" which basically means go away and if you have real fears go and get an order from civil courts.

I think that if you rang the Police and asked their advice (which I have done often when I have been worried) that they would explain to you the proceedure, how they would go about it and help put your mind at ease.

I think that if you ex phoned the first thing that they would ask would be what makes you believe the children are at risk of international abduction, is their a return ticket and why haven''t you applied into court if you really believe your wife might abduct your children.

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....


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