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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 have been separated 3 years, my ex is living with

Resolved Question:

I have been separated for nearly 3 years, my ex is living with someone else. My ex is an emotional abuser. We have not started any divorce proceedings or have any court orders in place. My son has lived with me for the past 3 years, and the ex has had visitation, only 1 sleep over though in the 3 years.
My Aunt has died and the funeral is in Paris on Tuesday, last night my ex said it was 'convenient' yet in the morning he was all understanding.
Am i allowed to take my son to paris boxing day -4th January without his permission?? i know if I ask him he will make it awkward.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Were you married to your ex-partner when your son was born? If not is your ex-husband's name on the birth certificate?
If he is or you were married at the time, then your ex-husband has parental responsibility and you must obtain his consent to travel abroad with your son. If he refuses his consent then you would usually need to submit an application to your local family court under form C100. However, as the intended date of travel is boxing day, you will not be able to pursue an application to court.
I would therefore suggest that you email your ex-husband and ask him to respond with his consent for the travel and explain that it is in your son's best interests to go with you due to the family bereavement.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.I note you are still married and accordingly you know that your ex has Parental Responsibility.You clearly also know that you need his permission to remove the child from the country.You have not said whether the funeral is on Saturday or Monday (both could be called Boxing day) - but in either event there would be no reason to remain until 4th January.If he will not consent then IF you decide to go anyway then you should return to the UK promptly to avoid further criticismClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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