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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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 ooking to go to the usa with my kids brothers wedding,

Resolved Question:

i am ooking to go to the usa with my kids for my brothers wedding, however in a bid to punish me, my husband is unlikely to write a letter of authorisation for the kids to go. i guess i want to know if its absolutely certain i need that. we are still married, so under normal circumstances i would assume his permission is implied. i am only going for 2 weeks, and if i decide to go eithout said written consent, is it possible for me to swear an affidavit stating my intention to return in a couple of weeks, would that cover me in event of me returning and he trying to allude i abducted the children.
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.
How old are the children and is your husband likely to apply to the court for an order to prevent the trip?
Clare
Customer: replied 2 years ago.

my kids are 5 and 6. i am not sure if he would apply to the courts. he tends to threaten me a lot till i back down and unfortunately, this time, i am unable to back down. As this is my only sibling, the wedding was moved from june to the beginning of august to accommodate my children's school calendar.

i plan to tell him when applying for visa and purchasing our tickets, however, i think his 2 possible responses would be 'don't bother me' or 'the kids are not going anywhere'.

Don't know if that answers your questions

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
You do not actually need a letter of authorisation - but your husband can apply for an Order preventing you from taking the children out of the country - and he can do that a t the very last minute which could lead to you not being able to board the plane.
The best way to try and avoid this is to ensure that your husband has full written details of the trip - pin them up in the house and make sure you have photographic evidence of this so that he cannot claim that he was not aware of the trip.
Indeed it could be worth arranging some Relationship counselling to deal with the matter
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you for your response . really helpful.

i do think though that if he knows the exact date i'm leaving, he might try to stop me.

Expert:  Clare replied 2 years ago.

Hi

Those details he is entitled to I am afraid

Clare

Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

He has now said he will lot be giving permission and that he will be gettin a prohibitive steps order. Is there anyway to stop this or fight it. Or is a lost cause. Thank you

Expert:  Clare replied 2 years ago.
Hi
Actually that will make it easier for you - so please do not worry.
Go ahead and give him the details and tell the children about the trip - confirming not only when you go but also when you come back.
When he applies for the Court Order you can attend court and explain the reason for the trip - and show that you have already booked the return flights - and that it is built around the school holidays.
You will be granted permission
Clare