Court permission to take a child abroad

gilbutre

I have a hard time understanding the logic behind the fact that in the UK, a parent can take a child abroad for any amount of time regardless of what the other parent says:

You’ll need to apply to a court for permission to take a child abroad if you’ve not got permission from the other people with parental responsibility.
You must give details the trip, eg the date of departure, when and how you’re returning, and contact details of people with parental responsibility staying in the UK.
You must give more information if you’re taking the child abroad for a longer trip, eg what education the child will get while they’re abroad.
(https://www.gov.uk/permission-take-child-abroad)

Meaning, my ex-wife can take our children to her country, giving me the finger, with the law on her side. Is this not absolutely brillant, fair and perfectly moral?

barbie_babe

I think this means she can apply to court but court may not say yes to her if are saying no for vaild reason. Such as she might stay there with family. However if court did agree she has to travel within dates agreed by you both.
My ex husband has one of my children under 18 living with him. As she wanted to go with older brothers and sisters. We agreed out of courts on dates and i signed i would allow her to go for hoilday dates only.

FBaby

What is wrong with your ex taking the children to her country for a visit?

gilbutre

@Fbaby: For a visit of less than a month it's fine, but I 'm talking about several months or even permanent.

@barbie babe: sure but I've read courts grant permission in most cases ! This adds up to the already existing prospect for the parent taking children abroad to simply not returning to the UK ever, staying with children, regardless of any British regulations.

FBaby

How old are the children?

sure but I've read courts grant permission in most cases !

This is not the case. If you ex wife is intending to move abroad for good, she would have to make a very good case why she has to go and can't stay in this country. If the children are living half of the time with one parent, they will have even more of case to build to justify taking the children with them. It is not about them, but what is best for the children.

If it is for an extended holiday, it might be granted if it doesn't take the children away from education, but maybe more difficult if it becomes a regular occurence.

Jojo_the_Tightfisted

gilbutre wrote: »

@Fbaby: For a visit of less than a month it's fine, but I 'm talking about several months or even permanent.

@barbie babe: sure but I've read courts grant permission in most cases ! This adds up to the already existing prospect for the parent taking children abroad to simply not returning to the UK ever, staying with children, regardless of any British regulations.

What if you had the opportunity to take an amazing job or fell in love with somebody who wanted you to take your kids over for a holiday of a lifetime to meet the family - would you be happy if your ex could refuse to let you do it?


It wouldn't be healthy for either parent to have that level of control over the other.

DaveTheMus

Jojo_the_Tightfisted wrote: »

What if you had the opportunity to take an amazing job or fell in love with somebody who wanted you to take your kids over for a holiday of a lifetime to meet the family - would you be happy if your ex could refuse to let you do it?


It wouldn't be healthy for either parent to have that level of control over the other.

You really do enjoy a good 'What if?' JoJo...

The man has already said it might be permanent.

mgdavid

DaveTheMus wrote: »

You really do enjoy a good 'What if?' JoJo..............

agree; does appear to have a very vivid imagination.

DaveTheMus

mgdavid wrote: »

agree; does appear to have a very vivid imagination.

Whenever an emotive thread appears and she makes a contribution her opening gambit is almost always;

'What if .....I]insert far-fetched story[/I'

gilbutre

I think the "default" behaviour is staying in the same country. It is the parent making the move abroad (in case of amazing job, falling in love or whatever) that should make the sacrifice of not seeing the children anymore, not the default behaviour parent. Not sure if I make myself clear, but seems pretty obvious to me.

thorsoak

As others have asked - how old are the children? Does your ex-wife work/have good child-support over here? Does she have any family here? From your post, it is obvious that there is hostility between you, so it would appear that there is no co-parenting going on - was custody of the children agreed when you divorced?

If your ex-wife feels that she has no support in the UK, and that she would have more support where her family live, then it is natural, with young children, that she would want to live where she had support.

You do need to calm down, to talk levelly and rationally with her - and hopefully you can come to a satisfactory result. x