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Hi everyone I'm just looking for some legal advice,,
Long story short I have just been given a child arrangements order which states when I spend time with my daughter, it does not state where my child lives just the time she spends with me...
Now my issue is my daughters mother is planning to take my daughter on holiday for 3 weeks, which for many reasons I'm not agreeable to.. I do have parental responsibility so am I right in thinking she needs my consent to take take my daughter out of the country as the child arrangements order only states when I spend time with my daughter and nothing about who she lives with..
As far as I'm aware my consent is needed to take my daughter out of the country, or does the child arrangements order automatically mean that my daughters mother is named as the person my daughter lives with even tho the order just states the time she spends with me and nothing to do with where or who she lives with???
Please help Asap!!!
Hi there
It's unusual for the resident parent not to be named as the parent the child lives with on the order, does it say the child spends X amount of time with the mum and spends x amount of time with you? If that's the case then you have shared care, which means that the child lives with both of you and effectively has two homes. I would give the court a call and get clarification.
Generally speaking if there's no order that names the resident parent, then permission to take a child abroad is required from everyone with Parental Responsibility. This would be in the form of a written letter giving permission.
If the court inform you that she is the resident parent then she can take the child out of the country for up to one month without requiring permission. If there are good reasons why this shouldn't happen you can apply to the court for an urgent Specific Issue Order to try and prevent it.
Most parents will agree to a child going holiday with the other parent, even if they're not happy about it, because no one wants to deprive a child of the fun of a holiday. Unless there are really good reasons to stop it, I would say let it go ahead, but make sure you get agreement that any lost time/missed contact with your daughter is made up on their return.
Best of luck
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