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My Ex picked the children up earlier today and I questioned that the my stepson mentioned that she was thinking about taking both the children abroad on holiday.
In conversation I said that it would also be nice for me to take them on an overseas hoiliday and she clearly stated that it would never happen.
I am the biological father of my daughter.
Can she prevent this from happening and can I refuse my daugter from going abroad with her ??
Yes this does sound [censored] for tat, but I just want to know where I stand legally??
Hi Martin and welcome to the site.
This is what our friends at the Coram Children's Legal Centre have to say on the matter:
"If a resident parent has a residence order then they are able to take the child abroad for up to a month without the consent of the other parent. If the resident parent wanted to go away for longer than one month they would require written consent of all people with parental responsibility.
If the resident parent does not have a residence order then they do not require positive agreement but should inform the non-resident parent of the intentions and consider any reasonable objections. If a non-resident parent wishes to prevent a resident parent taking a child on holiday then he or she will need to make an application for a Prohibited Steps Order (PSO) under S8 Children Act 1989.
Alternatively if a resident parent is refusing to allow a non-resident parent to take a child on holiday then the non-resident parent can seek a Specific Issue Order (SIO) from the court under S8 Children Act 1989."
If you applied for a PSO to prevent her from taking your child out of the country for a holiday it would probably be rejected on the grounds that you would be denying your daughter a positive cultural experience. In the event that your ex refused to let you take your daughter away you could apply for a SIO that I suspect would be granted on the same grounds that the PSO would be denied.
I would say that you should only consider court as a last resort. If you can't come to an agreement yourselves then consider mediation as a way of resolving your issue with the help of a third party. Only when all else has failed should you even consider applying to a court!
FM '70
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