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Hi. I wondered if anyone can help or has seen this situation before. I have a CAO in place and the mother has 'Lives with' whereas I have 'Spends time with' rights.
As part of the order, it says that she is allowed to take the children abroad for up to one month and she is planning on exercising that right next August. However this clashes with my regular contact with the children of every other weekend and i have objected to her proposal.
Is she entitled to simply take them away without my consent?
On the face of it, if she can take them away for a month and you see them alternate weekends, it’s going to prevent you from having them. Do you have rights to take them on holiday? If not, you could discuss this with her. If she objects then you may have to go back to court to have the order amended. You will need to try mediation first unless she won’t attend. If you go back to court, you could also aim to set out Christmas arrangements etc.
This scenario is common. The court will expect:
-Her to share her travel proposal with ample notice.
-Her to offer you compensation for time lost with the children - possibly in July.
-You to be reasonable and acknowledge that holiday travel is good for the children and that two week holidays abroad will likely clash regular contact.
My suggestion: Propose weeks on July during which you can take up your compensation of time lost with the children.
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
