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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex will not allow me to take my son on holiday abroad

Resolved Question:

My ex will not allow me to take my son on holiday abroad even though we have a court order more than 2 years old saying we equally share all holiday. She also refuses to talk to me about our son and refuses to answer the phone even though the court order says she must talk to me every week on Wednesdays at 5.30pm the holiday is a recent issue but the phone calls stopped over 6 months ago. I have also taken him away for over a week on five previous occasions albeit not abroad. What should I do? He is nearly 7 years old.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please can you confirm the details of the court order - is there a residence order in place?
Customer: replied 1 year ago.
yes she has residence.
Expert:  Harris replied 1 year ago.
Thanks - as she has a residence order the order will allow her to travel outside the UK for up to 4 weeks without your consent. However, the same does not apply to you unless it is a shared residence order and you will need to obtain her consent, which she cannot unreasonably withhold. If this is unreasonably withheld then you would need to apply to court for a specific issue order under Form C100 and a £215 court fee to the child's local family court for the court to make a decision.
The order states that holidays are to be shared, but unless it states that they will be abroad, then her consent is required.
If she continues to breach the order by not allowing your telephone contact then you can apply for enforcement of the order under form C79 and a £155 court fee to the child's local family court. You may wish to point this out to the mother when next writing to request that she abide by the terms of the order.
Please let me know if you have any further questions about this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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