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taking kids abroad?

  • Minni
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16 Jan 09 #79442 by Minni
Topic started by Minni
I am very confused as I get two different answer to question
can I take kids abroad (to my home country switzerland) on holiday whilst separated without partner's permission?
some say yes (28days) some say no.
I really feel down at the moment and very lonely and just really miss my family and their support!

  • rasher
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16 Jan 09 #79459 by rasher
Reply from rasher
"The consent of all those with parental responsibility is required before a child
is taken out of the UK, no matter how short the trip may be, unless the court
gives leave (permission). However special rules apply where there is a
residence order or special guardianship order in force in respect of the child:
the person in whose favour the order is made may remove the child from the
UK for up to one month in the case of a residence order and three months in
the case of a special guardianship order, without the consent of any other
person with parental responsibility or the leave of the court" - this is taken from the cafcass leaflet - parenting plans putting your children first - a guide for separating parents.

www.cafcass.gov.uk/publications/leaflets_for_adults.aspx


Do the children usually live with you and is there likely to be ojection from the other parent?

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16 Jan 09 #79460 by Minni
Reply from Minni
thanks rasher!
I have always been home-stay mum and since stbx and I separated he only sees them twice/month if... I feel he does everything at the moment to make my life difficult. I have explained him how I feel at moment and that I needed my family's support and this difficult time. He changes his mind like the wind-but did say that he would not give me permission in writing, which means I just can't risk it. Does that mean now, I can't see my family for a couple of months minimum until the divorce is over?

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16 Jan 09 #79488 by rasher
Reply from rasher
Its how you do it - the courts are wise to the fact that people in divorce scenarios could and will withold consent unreasonably to score points against the other party. I would make sure you put in writing to him that you will be taking a holiday to see family in such and such a month and advise when you will be back - if it conflicts with one of the contacts offer an alternative so he isnt losing out. You might what to get your solicitors advice on the wording or even get them to write it - if he wants to take it into court to prevent it then let him do so at his expense.

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