This is my first time on this site and first post so please be patient ........
Divorced in April 2012, Two daughters aged 11 and 13 living in the Uk with their father which I agreed to back in May 2011 when I left him. Moved to Spain with my new partner March 2012 and now ex husband will not let them come over and visit me. Do I Have any rights ?
He has not got a residancy order for the children and the court was not involved other than divorce matters.
He plans to take the children abroad on holiday himself in August !! Can I stop him ?
as far as I am aware we both still have parental rights as no court papers were issued to say other wise. The children have expressed their wish to come over and spend a week with myself and new partner who they get on with very well...
He does receive the Child Benefit and tax credits and also cash from myself on a monthly basis which is not through the CSA.
Please can anyone advise where I stand as living in Spain seems to have different rules??
Both parents have Parental Responsibility so you both have equal responsibilities and rights to carry out those responsibility. If agreement about contact arrangements or other issues relating to PR arrangements can''t be reached it is open to either party to apply to the courts where the children habitually live for an order.
Strictly speaking unless there is a residence order in their favour a parent should seek consent from all those with PR for a child but you can''t refuse consent unreasonably. Preventing children enjoying the usual week or fortnights family holiday abroad with a parent isn''t reasonable.
If you apply to court for a contact order what you could do is ask for conditions to be attached so that both parents are required to inform Each other in advance of holidays and travel arrangements.