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My exwife took my 5 year old daughter to Spain

  • Robby S
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3 years 11 months ago #485747 by Robby S
Hi there,

I recently found out that my exwife took my daughter to Spain without my consent. We have a shared residence order but she has the passport as she has my daughter 10 days while I have her 4 days every 2 weeks.

I have no issue with my exwife taking my daughter on holiday but I find it unfair that I have asked for my daughter's passport and holiday consent and on past 3 occasions each time my exwife has rejected it.

Am I making this to be a bigger issue then what it is? I hate conflict so I try to avoid it to keep a positive environment for my daughter.

I don't want to make it into a big issue as after 4 years of legal proceedings I'm broken within but I do however want to be informed about situations in relation to my daughter.

Any advice would be appreciated.

Many thanks

Robby

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  • NotasStressedDad
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3 years 11 months ago #485748 by NotasStressedDad
Replied by NotasStressedDad on topic Re:My exwife took my 5 year old daughter to Spain
Hi Robby

Im pretty sure that is against the law providing you have parental responsibility. I looked into it when my ex was planning to take my daughter out of the country. I dont think you are making this a bigger issue. You have every right to know if your daughter is leaving the country and to consent to this or not.

If your wife has rejected a nice holiday for you and your daughter that does not seem right either unless it is to a dangerous place. Did she give a reason? What you do about it is upto you though as you say. Next time I would write or email the request to her and see what she says. If she refuses then you can go and get some legal advice or go to CAS. As a last step I believe a court could grant the holiday.

Hope that helps.

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  • Bubblegum11
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3 years 11 months ago #485751 by Bubblegum11
Replied by Bubblegum11 on topic Re:My exwife took my 5 year old daughter to Spain
Does the court order refer to one of you as the parent the child lives with and the other the parent the child spends time with?

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  • Robby S
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3 years 11 months ago #485753 by Robby S
Hi there,

There is no such wording. The court order just states shared residence agreement.

Thanks

R

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  • Robby S
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3 years 11 months ago #485754 by Robby S
I also forgot to mention that I only found out about the holiday to Spain after reading my daughter's class book in the parents teacher meeting. Holiday was back in Sept 2016 where no consent was requested and I have no idea how many times more she has done that.

Thanks

R

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3 years 11 months ago #485755 by Bubblegum11
Replied by Bubblegum11 on topic Re:My exwife took my 5 year old daughter to Spain
Based on this information and nothing having been specified in the CAO, I would say that she is entitled to take the child on holiday for up to 28 days without your permission.
If there is shared residence and the child 'lives' with both of you, I would say you have that same right.
Obviously, best practice would be to communicate these holiday plans with each other.

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  • NotasStressedDad
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3 years 11 months ago #485763 by NotasStressedDad
Replied by NotasStressedDad on topic Re:My exwife took my 5 year old daughter to Spain
There is some guidance on the government website here which should help to clarify this for you:

www.gov.uk/permission-take-child-abroad

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