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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 #485764 by Robby S
Hi there,

My confusion is because at the bottom of the court order it states the following. From this are you able to advise if she can or cannot take my daughter without consent.

Where a residence order is in force no person may remove the child from UK without a written consent of every person with parental responsibility for the child.

However, this does not prevent the removal for a period of less than a month by a person in whose favour the Residence Order is made.

It is a criminal offence under Child Abduction Act to remove the child from the UK without the leave of the court.

Thanking you in advance for your help.

R

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  • NotasStressedDad
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3 years 11 months ago #485768 by NotasStressedDad
Replied by NotasStressedDad on topic Re:My exwife took my 5 year old daughter to Spain
I would get some advice from CAS or legal person but my interpretation from that is that if it is a shared residence order then you can both take your daughter out of the country for upto 28 days without permission.

A different matter is getting the passport back for when you want to go on holiday with your daughter though!

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  • Bubblegum11
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3 years 11 months ago #485773 by Bubblegum11
Replied by Bubblegum11 on topic Re:My exwife took my 5 year old daughter to Spain
Ok, so now I'm a little confused!
I just read your original post back and see that your child spends 4/14 nights with you and 10/14 with your ex. this would mean she lives with the mother just over 70% of the time.
What is clear is that the mother is the resident parent and would not need your permission to take your child on holiday.
The thing that is confusing is that the shared residence order is not in your favour... So I interpret that as meaning that you do need her permission to take your child on holiday:S

This is just the way I am interpreting what you have written, please do get a second opinion to be sure.

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  • Lostboy67
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3 years 11 months ago #485779 by Lostboy67
Hi
The thing about a shared residence order is that it does not mean 50:50 care. The shared residence order is to an extent there to put both parents on an equal standing. To that extent my understanding is that there was no need to get permission to take the child abroad as it was for less than 28days.

With regard to the passport, you could apply to the court to get it handed over, or kept at a solicitors .

LB

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  • Bubblegum11
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3 years 11 months ago #485780 by Bubblegum11
Replied by Bubblegum11 on topic Re:My exwife took my 5 year old daughter to Spain
Thanks for clarifying this lostboy67. I think the wording confused me a little...
\"However, this does not prevent the removal for a period of less than a month by a person in whose favour the Residence Order is made.\"

Good news that Rob doesn't need her permission then! Sorry if I confused the heck out of everyone.:blush:

Rob - I hope you get to take your daughter on holiday soon.

B xx

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