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Holiday worry

  • ll40
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17 Jun 15 #463123 by ll40
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Thank you. That is a good suggestion. I''m going to look into it.

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01 Jul 15 #463551 by purplepens2
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MrsMathsisfun wrote:

As a parent he is entitled to make this decision. If it went to court as its a holiday it is likely that a court would allow the holiday to take place and he is correct that you would be liable for yours and his costs.


"IF" he went to court is the key here isnt it?
A court MAY make this decision, however as I understand it one parent has to give the other consent to take them out of the country?? Otherwise he would be acting illegally, and you could call the police to prevent child abduction?
If he refused to pay child suppor, isn;t this also illegal? If you go through child maintainence services and arrange child support, it certainly is isnt it?

I''m not suggesting being dogmatic for the sake of it... but I''m not sure he can just do what he wants, surely??:huh:

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01 Jul 15 #463559 by MrsMathsisfun
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Don''t think the police would be involved if he could demonstrate its a holiday, although it could be different in Scotland, as it wouldn''t be considered child abduction, as he has PR and he intends to return children.

If the OP wanted to prevent him going on holiday they would have to apply to court for a specific issue order then it would be contempt of court to take the child.

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01 Jul 15 #463564 by evet
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well, the OP was indeed right to be very wary of her children going on holiday to Tunisia after the terribly, tragic terrorist attack that has recently happened.

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02 Jul 15 #463568 by MrsMathsisfun
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I have never stated that it wasn''t unreasonable for the op to be concerned about the destination.

My point was that the father had a right as a parent to weigh up the risks and make the decision to holiday to a place that at the time (and I believe still doesn''t) had no travel restrictions placed on it.

If the mother had refused permission the father could have gone to court and got permission and the chances are that a court would agree that withholding permission for a holiday was unreasonable.

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02 Jul 15 #463575 by ll40
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Hi everyone, thanks for all your comments and help. A quick update: i have received various legal threats and letters over previous weeks for court action however ex has now changed his mind since the tragic Tunisian terrorist attacks and he is taking the children to Spain. However he has told me he is removing child support payments to cover his legal expenses until now which are apparently my fault. Unfortunately it is one thing after another and never easy :-(

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