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Hi all, I have a contact order in place to see my 2.5 year old boy, every Tuesday and every other weekend Friday to Sunday, 1 week extended time in summer 2018 and 2 weeks in 2019 and 2 weeks thereafter. However the ex is refusing an abroad holiday, refusing the dates we have given and is proposing her own Friday to Friday or Saturday to Saturday, we wish for Thursday to Thursday as flights and hotels are at the cheapest.
Question 1- can she take our boy on holiday for up to 28 days without my permission even if this conflicts with the current arrangement order (every Tuesday?)
Question 2- how likely are the courts to grant an abroad holiday? The order just says extended time in summer but in the court room trips to Spain were discussed.
Question 3- can we still take our boy on the dates we have booked because she’s refusing? Can we apply to court to grant the dates we have chosen and booked?
Thank you
Hi there
As far as I know the court order overrides the 28 day rule, but I will check on that.
As long as the destination is safe, I can't see the court objecting to foreign travel. If it was discussed favourably in the court previously it's fair comment that you thought it would be ok.
You can apply to the court for a Specific Issue Order, they will, decide and if they consent they will order that the passport be handed over in time. You might also like directions about future holidays/foreign travel/passport handover to be included in the order to avoid having to return to court every time you want to take him away on holiday.
I would make an urgent application, as then mediation isn't a requirement beforehand.
However you might like to think about a solicitors letter to her to ask for her agreement, pointing out that a return to court would be the next step... She may agree if it comes from an official source.
Best of luck
Hi There,
.
I agree with mojo, apply to the courts for order, I know I tried some time back and was rejected as we wanted to go to Egypt, the judge deemed it to not be safe even though we were a 10 hour drive from where the issues were. so as long where you wish to travel is classed as safe with no risks (if anywhere can be these days) then I can't see you would have an issue,
.
GTTS
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