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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33522
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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Im a divorced dad of 2. me and my ex wife both have equal

Resolved Question:

Hi
Im a divorced dad of 2. me and my ex wife both have equal parental responsibility for our 2 sons. when we divorced it was amicable that the children would live with her on a day to day basis and I will have regular weekly contact with overnight stays. we have never been to court or had any orders put on eachother as our split was amicable and since then we have managed to get along and manage our childrens arrangements between us. However I have booked a holiday for me and my son to Disney land in florida and my ex wife is completely against the idea for no just reason, in addition to this she wants my permission to take my 2 sons to Greece on holiday. where do I stand with the law and taking my children away and what kind of court order would I need to legally do that?
Many Thanks
Carl
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How old are the chidlren and when are these holidays planned for?
Customer: replied 1 year ago.
Hithe boys are 4 and 6
Customer: replied 1 year ago.
oh sorry and October 2016
Expert:  Clare replied 1 year ago.
Are both holidays - yours and hers - planned for October?
Customer: replied 1 year ago.
no her holiday is planned for may. the children also stay at my house everyother weekend and one weeknight and have done for the last 3 years.
Expert:  Clare replied 1 year ago.
What is her actual objection to your trip?
Customer: replied 1 year ago.
That it's america, and too far away, that the children will not cope without her for 1 week, which is ridiculous as she has left them with her mum for a week before when she has gone on holiday. I genuinely believe it is just jealousy from her part.
Customer: replied 1 year ago.
Initially my holiday was planned for term time which I then changed as so the kids did not miss any schooling. I've tried to compromise as much as possible with her
Expert:  Clare replied 1 year ago.
What is the longest period you have had the children for so far?
Customer: replied 1 year ago.
4 consecutive days
Customer: replied 1 year ago.
I will also be having a uk holiday for one week in the summer holidays with the kids which she has said she is more than happy to allow
Expert:  Clare replied 1 year ago.
You each need the permission of the other parent or an order from the court to take the children out of the country.
Your starting point is to attempt family mediation
www.familymediationhelpline.co.uk
to see if you and your ex can resolve the matter
If you cant then you will need to apply to the court for a Specific Issue Order.
This is done using a C100 and the fee is £215.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33522
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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