How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

There, Have a question... but first a little background.

Resolved Question:

Hi there,
Have a question... but first a little background. I separated from my children's mother around 3 years ago and have been living with my new partner for 2 1/2 years. My ex has since remarried and they are expecting their first child shortly. My new partner has assumed the role of step mum and we are due to marry soon. All good. Happy ending.
The problem is my mother, ie. The girls grandmother. We are not communicating and have not for over 2 years. She wishes to take the girls abroad next May/June and has already discussed and agreed this with their mother. She has even told the girls that they are going. I have not been consulted, I found out from the girls this weekend. I'm not particularly comfortable with the idea, partly as I am naturally very protective of the girls, protection I was not afforded as a child. The main reason is I simply do not trust my mother.
So, my question is this... As my name is ***** ***** birth certificates, giving me parental responsibility as well as their mother, will the girls need consent to travel from both of us as parents? Their mother seems to think I do not have a say in this matter.
The way I see it at passport control is you will have the confusion of say, the Smiths taking two Jones children away with consent from the Wrights....
just a quick note on visitation.... I have the girls almost every weekend, probably missed 5 in a year, pay £250 per month maintenance, pay for all extras such as dance academy/swimming/days out and take them on holidays. All mutually agreed of course.
Your thoughts are very much appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 what is your objection to the trip?
Is there a Residence Order in place?
Clare
Customer: replied 1 year ago.

Hi, children will be 9 & 6 at the time of the trip. No residence order in place

Main objection is the abuse that my mother allowed myself and my sister to be subjected to as children, I feel that she is not a trustworthy guardian.

Expert:  Clare replied 1 year ago.
Hi
Where is she taking them and can you clarify what risk you fear they will be at whilst on holiday?
I assume that your ex is aware of the history?
Clare
Customer: replied 1 year ago.

Hi,

The trip is planned for Portugal in June.

I can only draw on my own experiences and i could write a book on bad parenting through these experiences.... so things like severe sunburn through lack of parenting... both my mother and her husband are not competent swimmers and the girls are still learning so that is a concern. Abduction/missing while on holiday through lack of attention as my mother's husband tends to go on holiday for one purpose - drinking.

My main question is will my ex and I have to draw up a consent letter or can my children just be taken on holiday without my consent?

Many thanks.

Expert:  Clare replied 1 year ago.
Hi
Have you discussed your concerns with your ex (this is a very relevant issue)
Clare
Customer: replied 1 year ago.

Yes, but not in great detail. She belives I am being an over protective father. She is aware of my concerns but shrugs them off saying that the girls have been told now and they are excited. Her main concern seems to be that if my mother takes them on holiday then she doesn't have to. Saves the effort and money I suppose.

Many thanks.

Expert:  Clare replied 1 year ago.
HI
No one can take the children abroad without your agreement or an Order of the Court.
If you wish to be certain that they do not leave the country then you can apply to the court for a Prohibited Steps Order
The court will then consider whether or not your fears are justified
I have to say that based on what you have said there is limited chance of success - but that does not mean that you are not entitled to try
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Thanks, ***** ***** both mine and their mothers consent is required as we live apart?

what will probably happen is my mother will produce some kind of foney consent form with only their mothers name on it. She has been quoted as saying "I don't need his permission to take my grandchildren anywhere"... deluded to say the least.

Thanks again.

Expert:  Clare replied 1 year ago.
Hi
Neither you nor your ex nor anyone else can take the children abroad without the consent of both parents.
However it is unlikely that your parents would be challenged if they took the children and had their mother's consent.
If you wish to try prevent it you will have to apply to the court
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters