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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex wife is planning to take our 12 year old son out of the

Customer Question

My ex wife is planning to take our 12 year old son out of the country for Christmas both contrary to our standard schedule of sharing the holidays and against my express wishes. I have tried to negotiate with her on this for months but she has refused to discuss it, saying its what our son wants. I am not going to make him choose between us but wondered if a) I can tell Border Control that she is taking him out of the country without my consent and/or b) I can withhold child support payments when she is in breach of our signed agreement?
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old is your son?
- were you married when he was born?
- were is your ex taking your son and for how long?
- do you think she will come back?
Also
- is there a CSA calculation?
- what is the agreement that you are referring too?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,My son is 12 years old and will turn 13 during the trip my ex-wife has planned.Yes, we were married when he was born.They are going to Argentina with her new husband for approx 2 weeks. Yes, I do think that they will return.We have a divorce agreement which has been in force since July 2004 which is what I am referring to. In there it states an amount of child support that I pay on a monthly basis.Thank you for your help.Simon
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My sincere apologies for my delay in responding to you today.
It is the permission that your ex wife does require your permission in order to be able to take your son abroad for a holiday.
However - that being said - if you unreasonably held such permission and your ex had to make an application to court to seek court approval - then she could seek court costs against you. It is the position of the courts that children will enjoy holidays with one of their parents and they should be allowed to go. A court would only really refuse permission to travel if there was a genuine concern that the child would not be returned to the jurisdiction.
In reality - the ports are very highly unlikely to question the travel arrangements.
In respect of the maintenance - you would have to keep paying this as per the court order whilst you they are on holiday. If you did not your ex could seek for the outstanding amount to be enforced.
I am sorry that my advice is not necessarily what you want to hear - but I do have to be honest.
Perhaps your ex will agree to you spending additional time with your son before/after he goes. Also if she will agree to indirect contact whilst he is away such as telephone calls / skype etc
Kindest Regards
Caroline
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Customer: replied 1 year ago.
Thank you Caroline.While not the answer I wanted, it is what I expected. I realise that the law is not well written to stop a parent making unilateral decisions without consulting the other parent. It just means that that parent is unreasonable, uncooperative and pretty much unkind.It is sad that the law doesn't protect one parent from the actions of the other taking their child away during time that is normally part of the first's right to see them.Thanks again.Simon
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Simon
I do understand your position and I hope the mother can agree that next Christmas you should get the lions shares of time.
Kind Regards
Caroline

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