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No she doesn't, as long as it for less than a month.
Hi
NJ are you sure? I was under the impression that if the 2 parents both had PR then each one needed to give permission for the other to take the child/children out of the country.
I'm happy to be wrong though 😀
GTTS
Just found this........
Consideration should first of all be given as to who has parental responsibility. If both parents have parental responsibility and there are no residence orders or other restrictions in place, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or any other party with parental responsibility. If consent is refused, an application to the Court will need to be made for permission.
The situation is different where one parent has a Residence Order. A person with a Residence Order can take a child abroad for up to a month without the written consent of the other parent. However, it is good parenting to endeavour to agree the arrangements in advance; if consent is unreasonably withheld then an application may be made to the Court.
so it looks as though it's down to if there is a residency order in place.
GTTS
Lol ...I was just going to say that!
Apologies you're right GTTS.....the 4week rule applies where there's a residence order. However the factsheet by Coram muddies it slightly.
www.childrenslegalcentre.com/userfiles/Contact.pdf ...... Page 3 or 4
It would be a bad decision to stop a child going on holiday though, and if that happened that would most likely prompt a application for a specific issue order.
Hi
I would look into this as even if she had a residency order, out of courtesy she should let you know if she is leaving the country, Just ask you lawyer to tread carefully as your not looking at making any issue from this you just want to know if leaving the country should occur which is fair for any parent, no matter what the situation.
GTTS
I just found out about 5mins ago that my grandsons mother is seemingly applying for a passport for my grandson.
Both parents have PR but my son is waiting to hear from the court regarding a date for a hearing.
Now, the mother asked me if I know my sons passport number and then said, it's ok, she got it sorted.
I assume she is doing it without my sons passport number etc.
Can she do that?
I know for a fact she has no intention of informing my son of any holiday plans so I wonder if she can just
take the baby (8 months old) and go on a holiday?
Take care
Kirsten
Apparently if she has PR she can apply for a passport, but she will need his permission to take the child abroad.
Ok...I know she is not going to ask for permission and just go....
What should/could my son do next?
Take care
Kirsten
If your son objects to her taking him abroad then I'm not sure what the procedure is but if he calls the passport office helpline I'm sure they will direct him to the right department. Otherwise take advantage of a solicitors free half hour and get some more info....or the CAB.
Take care too!
I think refusal to allow a resident parent to take a child on holiday could in the end backfire. If she were to apply to court for a specific issue order to take the child abroad and the NRP was fighting it, the court might take the view that he wasn't putting the childs best interests first and was using the refusal to be vindictive towards the other parent. The RP might well be granted residency to avoid this situation from reoccurring...just a thought.
I think the best thing would be to ask for details of where she is taking the child, the name of the hotel and return date, possibly asking to see confirmation of this by way of an itinary.
Hi I'd agree with NJ
If there was a failed attempt to stop the travel I would have thought that the judge may award residency order, which again as said means no permission is required if travel is less than 31 days.
GTTS
In principle I don't think my son would object to a holiday,however, the child's mother will not tell him
any of the travel plans or arrangements.
She would say something like...I want to got to France for a long weekend in August when in reality
she would be in Mexico for a week in September.
That is just the kind of person she is....
And since my son hasn't heard from the court despite having put the papers in well before Easter....sigh.
It's frustrating...to say the least.
Kirsten
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