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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Hello my mum is planning to take my son away for a weeks holiday

Resolved Question:

Hello my mum is planning to take my son away for a weeks holiday (still in the UK) but does she need both parents permission as my ex partner says he's not going and will get my mum done for kidnapping as he says he has rights can this happen?
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.
How old is your son and who does he live with?
Are there any court orders in place?
Clare
Customer: replied 3 years ago.

Hi he is ten months old he lives with me and no there are no court orders in place

Expert:  Clare replied 3 years ago.
Hi
What contact does the father have with the child?
When is the holiday and may I ask why you are not also going?
Clare
Customer: replied 3 years ago.

He sees baby about twice. a week at my house for a few hours and I am not going as its a chance for my mum to spend some time with him as he's my second son and it gives me time to spend with my older son from a previous relationship and the holiday is sat 12th April till following Friday to skegness

Expert:  Clare replied 3 years ago.
HI
Just to check - is dad named on the Birth Certificate?
Clare
Customer: replied 3 years ago.

He is yes

Expert:  Clare replied 3 years ago.
Hi
Then you both have Parental Responsibility for the child and would both need the permission of the other parent to take the child abroad.
However you are allowed to give your mother permission to take the child away within the UK and it is certainly not Child Abduction
The only point to be aware of is that if he turns up in Skegness and demands that your mother hands the child over then legally she has to do so
I hope that this is of assistance - please ask if you need further details
Clare
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