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Hi,
I have 50-50 shared residency of my 8year old son with his mother, and I have parental responsibility. My parents are Spanish and live in Spain, and have a close relationship with my son. We visit them every summer and they visit the UK at every possible opportunity. Every summer, my ex-wife has tried to stop me from going on holiday wth my son, or tried to limit the time i spend with him. We have been to court 4 times in the past 4 years.
This summer I wish to send my son to Spain spend the 2 and a half weeks with his family there. His grandparents, his siblings, cousins and extended family. Unfortunately I can't fly out Spain that period due to work commitments, and his mother isn't flexible about dates to allow me to have him the period I can take time off. She is also refusing to allow him to stay in Spain for that period without me, despite him being with close family members. My options are either not sending him to Spain meaning he misses out on his summer holiday with family, I seriously compromise my work situation, or I sned him out to Spain anyway without me.
Is it illegal to send my child on holiday without me, if he's in the care of grandparents, adult sisters, and potentially his stepmother too?
Can she stop me in court from doing this?
Thank you
Hi unless there is a court order in place that details permission to do this - yes she can stop it.
Wouldn't the best solution be to submit a specific issue order application asking for the dates your work will allow, that way your son would have the benefit of time with you and his family. A court is likely to see the sense in that option.
Hello Yoda,
Thank you for your reply.
Yes I could get a specifics issue order for this, but it is looking like I have to complete a C79 to address other issues too. We've been to court so many times that I am now so frustrated and can't see how anything can work unless it's taken to court.
Every summer there is an issue where she tries to stop the boy from going on holiday with me. Whether it is the amount of days, or where we are going, or who he is with 100% of the time.
Thank you for your help mate.
If you apply on a C79, you won't have to attempt mediation first. It's worth taking that route if she's not complying with the order
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