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[Solved] Can my ex take my children abroad???

 
 Devo
(@Devo)
Estimable Member Registered

Hi everyone.. Does anyone know if my ex can take my children abroad on holiday next year without me being informed? I have full PR. Does my ex need to ask me first? I'm worried she will take my children abroad without telling me? Any advice will be much appreciated.. Thank you for your time and help....

Quote
Topic starter Posted : 19/12/2019 12:27 am
(@dadmod2)
Illustrious Member

hi devo, hope your well
---
You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad.

Taking a child abroad without permission is child abduction.

You automatically have parental responsibility if you’re the child’s mother, but you still need the permission of anyone else with parental responsibility before you take the child abroad.

You can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can’t.

https://www.gov.uk/permission-take-child-abroad

ReplyQuote
Posted : 19/12/2019 12:33 am
Devo and Devo reacted
 Toks
(@Toks)
Estimable Member Registered

Hi,
the general rule is that consent should be sought from all parties with PR when planning to go abroad with a child. In the absence of a court order which defines the times a child spends with each parent, the so-called 'resident' parent can take the child abroad for up to 28 days. Sadly some resident parents don't feel they need to at least discuss this or seek consent out of common courtesy, if nothing else.
I was in exactly this position several years ago. My son's mother arranged to take him abroad for a month, which rode a coach and horses over the times I would normally see him. Her response when I mentioned how upsetting I found this was essentially "tough". Ultimately, we ended up going to court to resolve not only the issue of the holiday, but also to finally fix the times my son spent with either of us in a way that was legally binding, and not dependent on her whims.
She now can't take him abroad for more than 9 days (the longest gap - which might come up once a year - in which I might not see him, as set out by the order, and the way the school calendar sometimes rolls). Some countries (like Holland) make a point of emphasizing the need for written consent from the non-travelling parent, so it's always wise to get this (though I've gone to Holland twice with my son and on neither occasion was I asked to present his mother's written consent, but it was good to have peace of mind).
As it stands though, as Bill says, without a court order (Child Arrangements) which defines the times your children are with each of you, your ex can pretty much arrange to take your children abroad for up to 4 weeks, unless you have concerns she might not be returning, or is taking them to a country deemed unsafe in which case you should apply for a Specific Issue Order.

ReplyQuote
Posted : 19/12/2019 6:15 am
Devo and Devo reacted
(@Greengage)
Trusted Member Registered

My ex can only take our children abroad if she tells me 3 months in advance and I agree. This was put in my Child Arrangements Order to help stop us going to Family Court again. Lots of stuff was put in the Order due to my ex being difficult with contact over the last few years and being stupid enough to provide the evidence of some of her behaviour to myself and various lawyers in writing.

ReplyQuote
Posted : 19/12/2019 4:42 pm
Devo and Devo reacted
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