Can I take my child on holiday to see grand parents who live in Europe?
My husband has no UK visa it has run out and is now trying to get a UK visa to stay in the UK. goodness knows what type of visa he is going to try and get, think he may try and get a visa saying he has a child born in the UK.
He has told me that I cannot take our child out of the country even for a holiday, that he will report me as kidnapping our child! they are only 8 months old and has not had much contact with the father at all. He does not visit and does not pay anything towards them!
I am a UK resident born in Norfolk and have lived there all my life.
Is this correct can they not see grand parents for a holiday?
Many thanks for any help
If he reports you for kidnapping the children then the police will call and ask you your intentions and then feed back to him that it is only for a holiday.
He will need to get you into court in advance to the holiday to stop you going overseas. If he notifies the border agency or police without getting a court order then on departure they will most likely not stop you if you show return tickets.
The guy is bluffing and sadly does not yet know how very little rights he has when it comes to his children.
Both parents have parental responsibility meaning they can take the children abroad for holidays unless there is an existing order of court preventing, given you live here were born here there is nothing he can do to stop you, quite frankly it''s daft for him to suggest kidnapping.
Unless there is a residence order in your favour to avoid the risk of the hassle of a last minute hearing, or even worse having your holiday abroad disrupted, it''s advisable to get written consent from your ex or permission from the court before going away.
Last year my ex refused to allow me to take our two children on holiday to spain for a fortnight. No sensible reason, other than to try and keep control of me.
I did the right thing, spoke to him directly, wrote to his solicitor but to no avail; without his express permission (even though we both have parental responsibility) I would have been breaking the law by taking them on holiday.
So I took him to court. Quick form to fill in, represented myself, he wrote giving permission 2 days before the court date and that he wouldn''t be going to court.
The judge practically laughed at him for being so unreasonable, and gave me a residence order while I was there.
If it is a reasonable request, then you will probably get to go, just make sure you get the right permission first (via court or from him/via solicitor).
Oh, and by the time I booked my flights when I got home from court the price had gone down enough to pay my court fees!