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?
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 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
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