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taking kids away on family holiday

  • rcs123food
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4 years 7 months ago #473293 by rcs123food
taking kids away on family holiday was created by rcs123food
Well I was a chicken today and sent my ex husband an email to tell him I intend to take our two daughters away to Tenerife for a week during the February half term.
We divorced last July,but still he lives under the same roof as me and the girls having dragged his heels over finance etc.we really only communicate via email as he is a bully and I have been subject to domestic abuse.
He has categorically said no to the holiday,commenting that he will take a court order out on me if need be.
This holiday was booked last year when I had fully hoped that things between him and me would be sorted and we would be living separate lives.
Can he stop us? Do I need his consent?what can I do to change his mind?
The kids dont know the holiday is planned as I didn''t want to be accused of tying his hand and blackmailing him.
Any advice greatfully received.

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  • MrsMathsisfun
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4 years 7 months ago #473303 by MrsMathsisfun
Replied by MrsMathsisfun on topic Re:taking kids away on family holiday
Unfortunately you do need your stbx permission to take the children abroad. If he refuses to give permission you could apply to court for a specific issue order.

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  • Ras
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4 years 7 months ago #473557 by Ras
Replied by Ras on topic Re:taking kids away on family holiday
Crazy...why would he want to deny your girls a holiday during school holidays. Hope you get it sorted and he sees the light.

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  • rcs123food
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4 years 7 months ago #473594 by rcs123food
Replied by rcs123food on topic Re:taking kids away on family holiday
Thanks for the replies.
He is doing it because he is a nasty bully and controller.
My solicitor faxed his solicitor on Monday after to ask for consent and as yet there has been no reply,he loves to keep me dangling.i wouldn''t mind,but he has my eldest daughters passport hidden away in his secret storage unit (called his car) and I have no chance of getting it so I am stuck

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  • Jedzy
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4 years 7 months ago #473595 by Jedzy
Replied by Jedzy on topic Re:taking kids away on family holiday
Well you could always report that passport as lost/stolen - it effectively is....

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  • rubytuesday
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4 years 7 months ago #473598 by rubytuesday
Replied by rubytuesday on topic Re:taking kids away on family holiday
Reporting the passport as lost or stolen won''t resolve the issue of gaining consent to take the children out of the UK for a holiday.

If no consent is forthcoming, you will need to make an application for a Specific Issues Order, which can also include a direction for your husband to surrender the passports to you for the purposes of the holiday. You will need to get a wriggle on as time is now of the essence. Unless you are a flight risk, or are intending to take the children to a high-risk area; and can prove that you have return travel tickets then it could be argued that he is unreasonably withholding his agreement and doing so actually prevents the children from enjoying a short holiday in the sunshine.

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4 years 7 months ago #473600 by rcs123food
Replied by rcs123food on topic Re:taking kids away on family holiday
All I want is to have some time with my precious girls,away from his constant control the girls have no idea that he and I are even divorced as we currently play "happy families" under the same roof,but this time away from him will start showing is all we can survive without each other

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