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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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MY wife and I are coming to the end of our divorce proceedings,

Resolved Question:

MY wife and I are coming to the end of our divorce proceedings, Decree Nisi on 16th Dec. I now have a relationship with someone else in America (but currently still live in the UK) and she is also in another relationship.
I want to take my daughter 10years old on holiday to USA for 5 days and she wants to go with me (I am on the Birth Certificate and have Joint Custody), however my wife who has hold of my daughters passport says NO? Do I have any rights to change this and give my daughter a holiday?
In the new year I will also be relocating to the USA for my work and will obviously like my daughter to come out and visit. What can I do about this situation?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What contact do you usually have - and which part of the States would you be gong to?
Clare
Customer: replied 2 years ago.

Normally I see my daughter after work Tuesdays, She stays overnight with me on Fridays and I have her Sundays. however this changes as it is pretty amicable, so really when ever I want. This weekend she stayed overnight Friday and Saturday and Sunday till approx. 7pm

I will be relocating to San Diego, California

Expert:  Clare replied 2 years ago.
Hi
How long will the flight be for the holiday?
Clare
Customer: replied 2 years ago.

7 hours, I was taking her to Chicago, but she has also stated she will not be allowed to come to San Diego, even if her Grandparents bring her. This is a 10 hour flight

Expert:  Clare replied 2 years ago.
Hi
You do need the agreement of your ex or an Order from the court to take the child out of the Uk - even on holiday.
I will be honest and say that a long flight for a short holiday is unlikely to be seen by the court as reasonable - but it is possible - although not probable - that the court might agree.
What is certain is the law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
There is little doubt that the court will allow your daughter to visit you in your new home - especially if your parents will accompany her
Your starting point will be to try and discuss matters with your ex using Family mediation - but if that fails you will need to make an application to the court
You can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb007-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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