Child abduction really?

Walrond21

Hi guys, I have been separated from my children's father for 7 years but he is really hard work. I have just booked our first holiday abroad which cost a fortune might I add. After telling their father he said as his name is on birth certificates he will claim I am abducting them!
He does not want me to go through jealousy. I cannot afford mediation and it doesn't get covered by legal aid.
What can I do?

Spendless

Here's a link about it.

https://www.gov.uk/permission-take-child-abroad

pinkshoes

Walrond21 wrote: »

Hi guys, I have been separated from my children's father for 7 years but he is really hard work. I have just booked our first holiday abroad which cost a fortune might I add. After telling their father he said as his name is on birth certificates he will claim I am abducting them!
He does not want me to go through jealousy. I cannot afford mediation and it doesn't get covered by legal aid.
What can I do?

If their father has parental responsibility then you need his permission to take them abroad.

Surely you would expect him to ask your permission to take them abroad if he was looking after them for a week?

Does he see them on a regular basis?

As you have already booked it, all you can do is beg, as he could make this very awkward. Offer him additional time with them?

Has he put it in writing what he intends to do?

Comms69

Basically he’s correct; you would want the same.

Rubik

Would the holiday impact on his arranged time with the children? Are there any current court orders relating to the children?

If you have a pre-2014 Residence Order, or a Child Arrangements Order that states the children live with you, then consent isn't required as you can legally take the children out of the UK for up to 28 days. If there are no orders, then consent is required.

The first step would be to write to your ex, and request that he gives consent for you to take the children out of the UK for a holiday. You don't need to give him full details, but the dates and country would be relevant. Focus on the fact that the holiday is for the children, and that they would benefit from a break, as well as being able to enjoy the experience of enjoying the cultural aspects of being in another country. If he refuses, without reason, then apply for an Specific Issue Order that would give you leave (permission) from the court to take the children out of the UK for holidays. It is possible to have a "blanket" order that covers all holidays until the children are 16. Family holidays are usually seen by the court as beneficial to the children.. If he is so minded, he could apply for a Prohibited Steps Order to prevent you from taking the children out of the UK, but unless you are a flight risk, have threatened to remove the children permanently previously, or are planning a holiday in a war zone, it's very unlikely that his application will be successful.

TonyMMM

Assuming the children were registered after 1 Dec 2003 than by being named on the birth certificate he automatically has joint parental responsibility and, unless any court orders are in place, you do need his consent to take them abroad.

LandyAndy

Another 'post and run' newbie not getting (I imagine) the desired reply.

onomatopoeia99

LandyAndy wrote: »

Another 'post and run' newbie not getting (I imagine) the desired reply.

It's been 12 hours since the OP. Seems a bit early to reach that conclusion.

calleyw

onomatopoeia99 wrote: »

It's been 12 hours since the OP. Seems a bit early to reach that conclusion.

Surely you can't mean the OP actually has a life and does not spend all their time on MSE :rotfl:


Yours


Calley x

phryne

onomatopoeia99 wrote: »

It's been 12 hours since the OP. Seems a bit early to reach that conclusion.

Indeed. Most people don't and can't spend all their time posting on a message board!

t_obermory

If you're travelling with children without both parents being there you're supposed to take a letter with you from the other parent giving their permission for you to travel. The link below got loads of info.

https://www.gov.uk/permission-take-child-abroad

However I've been abroad several times with my children, without their dad, each time I've taken a letter and I've never once been asked for it.