I was wondering if anyone could give me some advice please… I want to take my 4 year old son abroad this year, probably to Spain or Greece for a week in June, but have been told by a friend that I need a letter of consent from my ex partner. my ex hasn't seen our son since last September and cancelled the mediation session that was booked for February this year and hasn't rearranged it. I'm guessing, whether he's seeing our son or not, as he's on the birth certificate I need to get his consent? If this is correct, can I type a letter myself and ask him to sign it (preferably in the presence of someone) or do I need to apply to the court? Also, if he refuses to sign a letter would I then have to automatically go through the court?
Welcome to wiki but sorry you find yourself here.
This isn't really something I know everything about, but from what I understand yes you would need permission, but if that was not forthcoming you could apply to the court for a permission.
There is one other point, if there is a residence order in your favour then you don't need permission if the time away is under 28 days.
Thanks so much for yr message, I hugely appreciate it. Our son has always resided with me but we've never been to court or anything so there is no residence order in place. We were due to start mediation in February to sort out visitation & maintenance as my ex has never been consistent in our son's life nor has he been consistent with payments but not surprisingly he cancelled his meeting and nothing further has been done. I think I'll draft a letter, ask him to sign it & if I get no joy then I'll go via court.
A letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad.
You might be asked for the letter at a UK or foreign border, or if there’s a dispute about taking a child abroad. The letter should include the other person’s contact details and details about the trip.
It also helps if you’ve:
evidence of your relationship with the child, eg a birth or adoption certificate
a divorce or marriage certificate, if you are a single parent but your family name is different from the child’s