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