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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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My son wants to take s son(our grandson) on a family holiday

Resolved Question:

My son wants to take his son(our grandson) on a family holiday with us for 2 weeks his ex girlfriend says she will not allow it unless her mother goes with us, nas she do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are they in England or Wales?

-Where is the family holiday to take place?

-Are there any court orders in place, if so what?

-Is your son named on the birth certificate?

-How old is the child?

Customer: replied 1 year ago.
We all live within 8 miles of each other in surrey, the holiday which was booked in october 2015 to the dominican republic his mother was originally invited all paid for by my wife and I, there are no court orders, my son is named on the birth certificate, George will be 2 years 3months when we travel.
Customer: replied 1 year ago.
George stays with us and his father at weekends as well
Expert:  Harris replied 1 year ago.

Thanks for confirming. As there are no court orders he will require the mother's consent to travel abroad for any period of time and this can only be reasonably withheld by the mother. If no agreement can be reached, for example if there is no reason for her mother to travel with you, then he can make an urgent application to court for a specific issue order.

This is done under Form C100 together with a £215 court fee to your local family court for a child arrangement order 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years

My colleague has explained the prices (and thus please give HIM the credit)

However you need to be aware of the problems.

The fact that your son has the child at weekends may not be sufficient to convince a court that it is reasonable for him to be taken abroad for two weeks - especially if he has never been a way from his mother for more than a weekend

This is something you need to try and negotiate using Family Mediation as a Court application may well not succeed

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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