Do I need permission

RickHoughton

I'm thinking of taking my kids on holiday sometime this year, do I need my ex to agree, or can I just tell her I'm taking them on holiday? Is there any legal implications if I take them without asking. Obviously I'd let her know, but if she disagrees would I be liable to get arrested for kidnapping my own kids or something?

galvanizersbaby

RickHoughton wrote: »

I'm thinking of taking my kids on holiday sometime this year, do I need my ex to agree, or can I just tell her I'm taking them on holiday? Is there any legal implications if I take them without asking. Obviously I'd let her know, but if she disagrees would I be liable to get arrested for kidnapping my own kids or something?

Not sure what your position is re your ex but assuming she is the parent with care of the children (i.e. the children live with her) then yes you do need her to agree and to be honest I'm not sure of the legal implications of just taking them without asking but I can't get my head morally around why somebody would do this.

Mimi_Arc_en_ciel

My Bro has a child with his x - She has the child on a perm basis bro has access. When she wanted to go away she needed bros permission so it would be the same situation if it was the other way around. If you dont have custody of the child you can not just take them out the country - it *COULD* at worst, amount to kidnap surely?

RickHoughton

Obviously I'd tell her, but I if she says no, she'd stop them having a holiday of a lifetime just to spite me,

DigitalJedi

If the children live with their mother then you will need her permission. To be honest even if relations were good, common courtesy dictates you should anyway.

If she doesn't give this then legally you could apply to court for a Specific Issue Order. Bit draconian I guess and the costs are likely to outweigh the holiday!

What I'd do is mention to the kids that you are considering a holiday with them but you will need to discuss the matter with their mum. That way if the only reason she's saying no is to spite you then she can explain to the kids. If there's a legit reason then of course you can both explain why its not practical.

Loopy_Lobes

Of course you need to discuss it and have her on board - otherwise who's going to do the kids packing?

Seriously, how old are the kids and where are you planning on taking them? Out of respect to their mum you should discuss it with her BEFORE telling the children. Tell her your plans and see what she says, she might be thankful for a week off. Most schools nowadays seem to be marking pupils holidays as unauthorised so you need to take that into account if they're school age.

LilDevil

We had all sorts of issues taking my SD on holiday with us last year, her mum was off/on/off/on about her going right up until she dropped her off the night before - all because she wasn't going too (she thinks we should all play happy families and go on holiday together).

The upshot now is that we are not allowed to take her on holiday until she turns 16 (she's 10 now), SD knows that it'll be her mums fault if we ask to take her on holiday and mum says no!

It's good to know that it's probably not worth fighting in court due to costs outweighing the cost of the holiday etc - although I would like at some point to sort out official access - that's a whole other story!!!!!!!!

kindofagilr

DigitalJedi wrote: »

What I'd do is mention to the kids that you are considering a holiday with them but you will need to discuss the matter with their mum.

I totally disagree with this, this is like playing the parents off each other, deffo wouldnt get the kids involved imo.

marshmallows

Do you have pr?
Does your x have a residency order?
If you have pr you need permission of everyone else who has pr, if she doesnt agree then you will have to go to a solicitors

The only 2 ways you can get done for kidnap is 1) if the x has a residency order and you take them without her permission
2) you dont have pr and take them

Reggie_Rebel

You'll need written permission of an absent parent to enter some countries

kindofagilr

It actually amazes me this, my father left when I was 1 and my mother took me and my brother on many a holiday with my aunty and not once did she have to get my "fathers" permission