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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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i am separated from my wife and have booked a holiday for my

Resolved Question:

i am separated from my wife and have booked a holiday for my son and daughter to go away with my mum to florida,my daughter is 18 and ok but my son is 15 and my x is saying he can not go without her permission.is this true
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When is the holiday and when will your son turn 16?
Clare
Customer: replied 3 years ago.

Hi hes not 16 till next January and holiday is in may the 14th


 

Customer: replied 3 years ago.

hi my son dosent turn 16 till January and holiday is in may

Expert:  Clare replied 3 years ago.
HI
Technically you need the mothers agreement or a court order
Clearly a court would indeed grant the Order provided it does not interfere with schooling and your son wishes to go
I suggest you ask your ex is she really wishes to waste the courts time on this - and warn her that you will apply for the Court Costs if she does
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

hi clare if my son come to live with me, would i then be his leagal gardian and would it be then not her choice as to weather he can go away.


As he has been thinking of moving in with me as his mum has been in and out of mental hospital for the last few months.

Expert:  Clare replied 3 years ago.
Hi
No that will not make a difference I am afraid - you would still need her agreement or a court order.
Clare
Customer: replied 3 years ago.

Hi clare if i caught her in a good mood and got her to sign a letter saying she would allow him to go could she go back on it ? And would this be sufficient

Expert:  Clare replied 3 years ago.
Hi
Yes that would be fine
In fact unless she goes to court for an order to prevent the trip there is no real problem - you are not asked at the airport for any evidence of her permission anyway!
Clare

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