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

 
 Devo
(@Devo)
Estimable Member Registered

Hi everyone.. Can anyone give me advice please. I'm currently going through the Courts to see my 4 children again. My wife has made it known she wants to take my children abroad for a month. There is no order in place, to say the children live with her, but I need to know how I stop her doing this? I've got a live child arrangements order in place, and I know she will if she can get away with it, take my children abroad without telling me.. What can I do? I'm in Court on 15 January for a hearing, then a 3 day fact finding hearing last 3 days of January.. Thank you for any advice... Devo...

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Topic starter Posted : 11/01/2020 12:58 am
 Jmax
(@Jmax)
Trusted Member Registered

Hi,

You would need to apply for a specific issue order, as the child arrangement order will probably state the children live with your ex then she will be able to take the children out of the country for 28 days.

I cannot personally see a judge stopping your ex from taking them on holiday unless there is a risk she won't come back, so it might be best for you to not raise the issue and if your ex asks in court say "I think that would be a lovely Idea for the children" further showing you always have the children's best interests at heart. If you think she won't return that's a different story

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Posted : 11/01/2020 2:09 am
(@warwickshire1)
Prominent Member Registered

if theres a child arrangements order in place mum can generally travel abroad up to 28 days without your permission . she maybe saying it to wind you up. There isn't anything you can do application wise as you are already in family court twice this month where you will be able to raise your concerns. I wouldn't be agreeing to letting her taking a month as children wouldn't see you for a month and by an ex parent going abroad for a month its generally to be spiteful.. most people go on holiday for 1-2 weeks and that's about it.

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Posted : 11/01/2020 2:28 am
(@citydad)
Reputable Member Registered

Think generally they’re supposed to get your permission but a court won’t do anything if they think you withheld permission just for the sake of it . I looked into all this before . Do you think there’s a risk she won’t come back ? How old are the kids ? If she’s taking them out of school for a month they may be different ..

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Posted : 12/01/2020 1:25 pm
 Devo
(@Devo)
Estimable Member Registered

Morning Citydad.
Yes she's planned to take my children abroad without telling me and taking them out of school.. I don't think she's staying abroad, but it's all in disregard to my permission..

ReplyQuote
Topic starter Posted : 13/01/2020 10:32 am
(@Greengage)
Trusted Member Registered

Has your wife put in writing she is taking them abroad for a month? Is it to a place her (or even any of your) close relations live so a "home country"? Are any of the kids over 10? Has she got permission from the school(s)?

Odd set of questions but you need to think whether it is worth fighting this and on what grounds.

For example a 5 year old missing school to go abroad particularly to one of their parent's home countries can be argued as not going to harm their education, but for a 11 year old you can argue it would.

This is deliberately ignoring the fact the school(s) can fine both of you if they don't give permission. This is because I know people who are teachers/ex-teachers who know how to play it with their kids' schools to get permission even at the last minute to take their kids abroad particularly to one parent's home country during term time

Also if you don't have proof that she said she is actually going to do this, you could look unhinged as she can and would probably deny she said that's she taking them for a month in Court.

So whether to put in for a specific issue order citing the effect on their education would depend on whether you have proof that she intents to do this, where she is going, whether the school(s) has given permission and the age of the children.

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Posted : 13/01/2020 1:15 pm
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