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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34030
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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My ex-partner is talking about taking my child to spain for

Resolved Question:

My ex-partner is talking about taking my child to spain for a 6 week holiday, but keeps hinting that she will stay in Spain, what are my options?
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 the child and what links does your ex have with Spain?
Clare
Customer: replied 3 years ago.

The child is only 6 months old, my ex has a friend in Spain
I am named on the child's birth certificate as the father.

Expert:  Clare replied 3 years ago.
Hi
How will she finance the trip?
Clare
Customer: replied 3 years ago.

I am not sure how she is getting the cash together for the flights

Expert:  Clare replied 3 years ago.
Hi
What contact do you have with your child?
Clare
Customer: replied 3 years ago.

I see her every week, she stay's overnight one night a week.

Expert:  Clare replied 3 years ago.
Hi
Are you willing to agree to the holiday if the child is returned?
Clare
Customer: replied 3 years ago.

Yes I am , and I have told my ex this.

Expert:  Clare replied 3 years ago.
Hi
In that case put that in writing - that you agree to a six week holiday and no more.
If she does stay longer then you can make an application to the Courts in Spain using the Hague Convention for the return of the child to the Uk so that the UK courts can consider whether or not a move to Spain would be in the best interests of the Child
You can read more on the website here
www.reunite.org
If you do not wish her to go at all then you can apply to the court for a Prohibited Steps Order - and again the court will decide if the holiday is in the best interests of the child.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34030
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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