Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi
I am very new to this and will try to explain as best i can. I split form my ex partner 2 years ago and am due to be married to my new girlfriend very soon. My ex presented us with numerous difficulties at the begining of the split, refusing to allow me to see my son, accusing me of being violent and of child abuse at one stage (something she was eventually disciplined by the police for as it was complete lies)
Me and my ex agreed via solicitors-but no courts were involved-that she would have our son who is now 3 mon-fri and i collect him on a fri night and myself and partner have him until Sunday evening.
There is a very long winded story regarding the different things my ex has done regarding our son but our main issue at the moment is that me and my wife are hoping to take my son on holiday in the next 18months.
I mentioned this to my ex as she keeps hold of the passport but she has advised she will not be handing these over. I have yet to get into a discussion regarding this as i would like to know my rights first?
I have PR and there are no residence orders/provisions in place regarding contact. We had an agreement which we have in writing form solicitors but as i mentioned no court orders.
Have i any legal rights at all when it comes to obtaining the passport annd taking my son away-it would simply be for a few days in europe.
Thank you for your help
Hi Stu,
Hope we can be of help 🙂
The good news is that your holiday is some time off, so i wouldn't stress about this a great deal, you have plenty of time to get things sorted.
Steps
- First thing i would do is to write formally to your ex (i wouldn't use Solicitors at this stage its just added £) saying that you are looking to take your Son on holiday at some point in [MONTH] 2013. You will therefore need the Passport returning in plenty of time of this date
Raise this at discussion/handovers etc
- If no response is received, write a second letter saying that you need an answer soon, and should this not be received within the next few months you will have to go to Court to have a Court Order set in place
Without going into information overload for you i think that's a suitable thing to do. If Court is a necessity, you would do well to have an Application made around 7-8months before you are due to go. We can provide further help on that if needs be. Hope this helps somewhat 🙂
As ever, any questions feel free to ask away
Hi
Thankyou that is a great deal of help.
I will take your advice and see what happens from there
Stu
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.