Taking kids on holiday when mother objects

clearingout

Oli.s wrote: »

I would speak with a solicitor and clarify the legal position, then go to the police station before you go, in both your area and the area the ex lives in, tell them what you are doing and that you expect her to make a false allegation of kidnap.

That way they will know the situation as soon as she calls instead of only having her made up story until you return to the country, and wont have to waste time tracking you down and treating her false allegation as genuine.

It is not a police issue. If a child is removed from the country by one parent and the other parent has not given permission, that parent will need to go through the courts to have the child returned. Only when there is a court order to this effect will the police intervene and not before. The only expection is if a parent says they believe a child is at risk in the care of the other - and at best, all they will then do is check that the child is 'safe and well' and refer the parents to the courts.

daska

You can go down the court route without a solicitor. The clerks are very helpful and will identify all the paperwork you need to complete and once the process is started you get told what you need to provide and the relevant dates. Family court is reasonably relaxed as long as you mind your p's and q's, don't interrupt etc, and the judges will usually give people without representation additional time to explain their case - including 1:1 time with the Clerk prior to the hearing.

Personally I'd refuse to go pending sorting out the legal situation - the kids are old enough to be told that their mother is refusing to give permission but you'll try again next year.

(Been there, done that!)

19lottie82

UPDATE...........

Well, my OH's DD2 spoke to her mother and told her she really wanted to go, but this made no difference.

BUT, a few of you may remember I have mentioned that my OH gives her money every month that he really doesn't have to at all. He made it clear that this, and other favours he does her, have been withdrawn with immediate effect.

Oddly enough, she changed her mind shortly after, and said the kids could go on holiday afterall.

rpc

And her true colours are clearly displayed. She cares about one person and one person only.

daska

So the kids are a mealticket - sadly not unusual, hope you have evidence of some sort that you can use if/when she does apply for residency again.

Sugardonut

19lottie82 wrote: »

UPDATE...........

Well, my OH's DD2 spoke to her mother and told her she really wanted to go, but this made no difference.

BUT, a few of you may remember I have mentioned that my OH gives her money every month that he really doesn't have to at all. He made it clear that this, and other favours he does her, have been withdrawn with immediate effect.

Oddly enough, she changed her mind shortly after, and said the kids could go on holiday afterall.

Your OH really is one of the good guys!!! No wonder his kids wouldn't want to leave. Glad he's picked his woman more carefully than first time round - sounds like he's earned a quite life

flutterby_lil

She sounds like she is a few cans short of a six pack!!

You sound like such a good supportive partner and step mum.

Legal aid stops for family matters on 1st April. I would try get all this regarding residency sorted after that so she has no chance of getting legal aid.

Have a good holiday.

19lottie82

Thanks guys - can't wait til we get a nice relaxing holiday together. We all deserve a break, especially the kids.

Does anyone know if the legal aid changes will apply in Scotland? TIA