[Solved] Holiday Help Please

Hi there

Its debatable, Mexico doesnt have any travel warnings in place, as far as I know... something for you to look into perhaps.

Theres nothing to stop you from applying for an urgent specific issue order if youre really against it. You would need to submit the C100 form, making sure you mark it as urgent.

If your order states that your child lives with the mother and has staying contact with you, then she doesnt need your permission to travel abroad for up to a month, however if that interferes with your contact time that overides it.

Has she offered to make up the missed time when she gets back? Has she shared information about where she will be staying and contact details if you need to contact her? If not, these are reasons to apply to the court.

All the best

Thank you for the help.

We have not yet discussed whether she will allow the extra time she takes to be given my way as well.

I didnt ask for the hotel but have her contact details. I would expect that she will give the details of where they are staying when it comes to the time.

Yes the order states she lives with the mother.

Just trying to work out whether it would be money wasted if I take it back to court to stop the holiday. I expect that they have also told our daughter about the planned holiday as well which makes it even more difficult.

I expect I have to let this one go but thanks for the help

You're welcome, if theyve told your daughter about the holiday, she will be excited about it, which does make it difficult to try and stop something that you know she will really enjoy.

I think its only right that you should request the missed time is made up promptly on their return. You can also point out that, strictly speaking, she does need your permission to travel abroad, so in future you will expect to be consulted about it before bookings are made.

All the best

The situation has escalated rather quickly. I called the mother Friday morning and told her that I was not happy about the holiday and not happy that I hadnt been consulted before it was booked and I hadnt given permission for them to go ahead and book. I told her that I still wouldnt agree to this holiday and that if they do go then they are breaching the courts order and that I will take it further. I also will not accept the amount of time that they are going for and that it will be a strain to our daughter who has regular contact with myself to receive no contact for 3 weeks. And finally I told her that a months notice is nowhere near long enough to be telling me about this trip.

Today I received a letter in the post from her solicitor which was dated and sent yesterday. I only spoke to her at 10am. Her new partner has quite a bit of money behind him so they do not hesitate to involve their solicitor.

He has written to me politely but very patronising and sternly and told me that I am harassing her, that I am being unreasonable and that they will get an order allowing them to go on holiday if that is what I force them to do. The solicitor has also said that they will request that I pay her sides court costs if this is the road they have to go down. He also said that they are not bound to make up missing time due to a summer holiday as this is basically par for the course and that it works both ways, e.g. when I have her for extra time in the holidays I dont have to make the time up for them so why would I believe they have to. He has also stated that they are not obliged to give me notice of any trips but they have given a months notice which is generous. He reminds me that my daughter lives with the mother and therefore she does not need my permission to book holidays. He signs off telling me that they will start court proceedings as a matter of urgency if I continue with my stance on this and that im being unreasonable and attempting to deprive my daughter of a holiday for no reason other than control.

A bolt out of the blue to be honest. Is now the time I should accept it and get walked over or do I let this go to court and hope that the judge agrees with me? I dont want us to lose out on almost 3 weeks contact but if they do push for court costs I know that will not be cheap if I was to lose.

I think the solicitor is trying to scare you with regards to costs, it's extremely rare for costs to be awarded against the other party, and certainly not in this sort of instance.

However, I suspect that a court probably wouldn't stop a holiday, so I don't think you would necessarily achieve too much by going to court. I would possibly take this opportunity to write back to the solicitor to say that you would prefer not to go to court, but that you would like an agreement that missing time is made up, and that you are given more notice in future - as well as hopefully getting what you ask for, it also shows that you aren't going to court for the sake of it if you do go to court.

I don't usually post links solicitors but this explains well in paragraph 3 the situation regarding permission. As I said earlier, even though the mother s stated as the parent that your child lives with, your contact within the order overrides the mothers right to take the child away during your time.

https://raydensolicitors.co.uk/10-years/10-resources-family-law/10-things-you-need-to-know-if-you-want-to-move-abroad-with-your-children-or-go-on-holiday-leave-to-remove/

You can refuse and she would need to seek an order to be allowed to go. As actd says it's doubtful she would get costs as, if she takes the child she is in breach of the existing order.

Thank you for all your help regarding this.
I expect that I will give permission, if I dont I know that they will return it to court to get the relevant order to allow them to, then I know that when it comes to asking the mother for the passport for my summer holiday with daughter they will force me to go to court. I cannot afford backwards and forwards to court. If it was a case of they went to court and did get their order and then she just agreed to my holiday then it could be an approach I take however its pretty obvious that wont happen.

Thank you all

I think a patronising letter by return to solicitor, just to let them know you are aware of the rules governing this and for their future reference, they need to look up and revise the advice they give concerning this matter. Copy and paste paragraph 3 to make your point.

I would tell them you will give permission this time, and as a gesture of goodwill it would be fitting for the mother to agree to some extra time on their return.

Further, that if permission isn't sought in the future, prior to booking a holiday, you would refuse permission and return to court to have your position heard, and if this were to happen you would be asking for costs.

All the best