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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2324
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wont let me take the children abroad holiday is there

Resolved Question:

My ex wont let me take the children abroad for a holiday is there anything i can do he does have legal custody but i can see them whenever
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-You state he has legal custody - is there an order in place, if so what order and what are the arrangements?-How old are the children?-Where do you wish to take the children and for how long?
Customer: replied 10 months ago.
There is an order that i can have them 1/2school holidays and weekends and a school evening nothing about abroad wanted to take them florida for two weeks
Expert:  Harris replied 10 months ago.
Thank you - is the order for residence or contact? Or child arrangement order to live with you or to spend time with you?
Customer: replied 10 months ago.
He has residence order and i got a contact order
Customer: replied 10 months ago.
Children 8 10 and 12
Expert:  Harris replied 10 months ago.
Thank you - unfortunately, the contact order in itself does not give you an automatic right to take the children on holiday, and as your ex-partner has a residence order, you will need their consent to take them abroad. Initially you should provide your formal proposals in writing (dates of travel, evidence of where you are staying, a return ticket and a way for your ex-partner to contact you and the children) so that the consent cannot be reasonably withheld. If consent continues to be withheld you should make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order for the holiday travel and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2324
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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