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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 want to take my children on holiday but I am scared my ex

Customer Question

I want to take my children on holiday but I am scared my ex partner won't let me without his consent. Can I book it anyway? We have 50/50 custody
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Where do you wish to take them?
Clare
Customer: replied 2 years ago.

To Canada days. My ex partner is already taking them away in February which we have no objection to. We want to go at the end of July

Expert:  Clare replied 2 years ago.

You will need his permission or the agreement of the court in order to take them on this holiday.
You should try and discuss it with him using Family mediation
www.familymediationhelpline.co.uk
If that fails then you can make an application to the court specific issue order
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Why do we need permission? Does he need our written permission to go abroad? We both took children away last year but didn't ask permission we just gave each other dates. We have done mediation in the past few months over other issues. Juyst wanted to avoid if possible

Expert:  Clare replied 2 years ago.

Unless you hold an Order stating that the children live with you then yes you need his permission - and yes he needs yours - to take the children out of England and Wales.
Having said that where there is no dispute between you then such consents are often not bothered with.
However if your ex is likely to create a problem then it is better to get his agreement first
Clare
Customer: replied 2 years ago.

I informed my ex of my holiday plans, and he point blank refused because it involves going with my boyfriend. Along with a tirade of abuse. I phoned Mediation but he has refused this. Will I have to make a court order? Will this take a long time to be resolved. All I want is to have a nice family holiday children, my boyfriend and his children and myself of course

Expert:  Clare replied 2 years ago.

The risk is that if you do not get a Court Order then he will leave it to the last minute to apply Order to try and stop you leaving - causing maximum stress and upset all round.
You need to make the appointment and attend a Meditation assessment appointment - if he does not attend then so be it.
You can then make an applictaion to the court using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
It will cost £215 - but you will then have peace of mind
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare, We have had to go court order to go away, however can we book our holiday as we can show the court dates, flights, accomodation etc or do we have to wait. We don't want to book our holiday court to rule against us? Thanks

Expert:  Clare replied 2 years ago.

It is highly unlikely that the court will not agree - but there is a gamble involved
Clare
Customer: replied 2 years ago.

why a gamble? it is £215 to go away but they could refuse? what grounds could the court object?

Expert:  Clare replied 2 years ago.

My apologies.
I do believe that the court will agree to the holiday - but obviously booking the tickets before you have the order would be a gamble
Clare
Customer: replied 2 years ago.

How do we present the flights accomodation etc to the court though if we haven't booked them. Seems like catch22

Expert:  Clare replied 2 years ago.

I assume that you have identified the package you want - that would be sufficient - and you can promise to give the flight details once the flights are booked - if permission is given
Clare
Customer: replied 2 years ago.

We have seen the flights we want yes. We plan to stop with relatives week and then to a holiday cottage week after. Also we have booked a weekend at centre parcs in sherwood forest. It is only weekend, considering his refusal holiday abroad are we ok to go on this?

Expert:  Clare replied 2 years ago.

Excellent - those are the details that you give to the court.
You are free to go wherever you wish in the Uk - it is just taking the children out of the Uk that he could object to
Clare
Customer: replied 2 years ago.

My ex Will not tell me details of his holiday abroad and he goes on Saturday. I don't want the children to miss out but he will not tell me. Is this against the law

Expert:  Clare replied 2 years ago.

You could if you wished make an urgent application to the court to prevent the holiday unless he gives you the details
It is up to you if you wish to do this
Clare
Customer: replied 2 years ago.

I believe he will Leave it until the very last minute to inform me. Is this allowed

Expert:  Clare replied 2 years ago.

Unless you go to court there is nothing that you can do about it I am afraid
Clare

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