My d and her ex(not married)have a young baby and the relationship is not too bad at the moment, things have gone on but cooled just now.
The problem is, due to the problems that my d was having with her ex,i booked them for a holiday with all the family and her ex said ok,My d and grandchild will only be with us for a week as thats all her ex would allow
Because of the time frame my d has booked an appointment with the IPS to get a fast track passport for her child and this appointment is for next week.
Now her ex has put his foot down and said noway is his child going on holiday.
Ive read all about that the court wont deny the child a holiday but is there any way my d is allowed to ask the court asap.
The holiday is in 4 weeks and the interview is less than a week. What can she do?
My d and her ex have already filled in the forms, He was going to go with her but now says no, Yes my d has the child the majority of the time,
They still live in the same home as its a joint tenancy and d is awaiting a tenancy of her own any time now.
Courts were involved in March when he got an emergency hearing and was given the child but when they went back to court the day after the judge gave my d the child back and he was told that my d had residence.
He says he will involve the court and that the court will stop my d from getting a passport for her child.
I just want to know if my d can infact go to court and get it all over and done with.
As far as i am aware if he has already filled in the forms there is nothing he can do to stop the passport from being issued. As you already have the holiday booked, should her ex take it to court she can provide evidence to show it is only a week long holiday. I''m not sure i''d suggest she take the matter to court herself. For all intents and purposes she has had his permission for the passport and the holiday so has gone ahead and filled out the necessary paperwork. If he wants to stop her he can try, but i doubt very much he would succeed!
Everything is above board and the only reason i booked this holiday for the family was because it was 1 of my childrens 21st and i thought we could all go away together and thought it would be good for everyone...
I will let d know tomorrow when i see her..
Will come back to this post after next week and let you know how she got on at the IPS.
Once again many thanks
If your daughter has a residence order in her favour she wouldn''t normally require her ex''s consent to take the children abroad for up to one month, unless there were conditions attached that stated something different. She would of course need to negotiate any changes in contact.
Your daughter''s ex could apply to court to prevent the passport being issued and one way round this, if it''s is a realistic possibility, is for your daughter to pre-empt the move by applying as an emergency for a specific issue order.
There were conditions in the order way back in March but the Judge lifted them in April once it went to the full hearing.
My d knows that if he wants to be stubborn he will take it to court..
My d knows that this is to do with her refusing to let him take the child to a non hague country at the end of the year..
Hes tried a few things over the last few months but had cooled so i know she was hoping he was coming to terms with things.
Looks like she will need to take this to court.............
As they still live in the same home for now they dont have a contact order as such but hes not keen on having the child by himself..its not the 1st time ive had a phonecall from d asking if i could have her as hes not interested and she needs to work