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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my ex wife stop my kids from joining myself and my

Resolved Question:

Hi,
Can my ex wife stop my kids from joining myself and my partner on a pre planned holiday.
I am listed on their birth certificates as I registered the births and hold their passports as she refused to supply copies of birth certs which I had to obtain for the passport applications.
Likewise, am I able to stop her taking them abroad?
Thanks in advance, James
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

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

-How old are the children?

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

-What have the arrangements been for you and the children and for how long have the arrangements been in place?

-Which country are you going to?

Customer: replied 8 months ago.
They are 17 (18 in October), 15 & 13.
Up until recently I have always had them during the half terms and 2 weeks in the summer holidays.
Recently she has been getting more difficult in them spending time with me.
I have had the summer holiday planned from before xmas last year (as I have to request leave from work well in advance) and before it was booked I checked with my ex that the dates were ok.
At the time she stated that she was not going away so it was fine.
Approx 2 months ago she announced that she was taking them away and that they had to be back by a certain date despite knowing the dates I had already booked.
Fortunately the dates do not overlap.She has demanded that if I am taking them to france on the 26th July she will not allow it.Where do I stand legally with this and can she not allow them to join us?Also where do I stand legally with regards ***** ***** passprts which I hold, and paid for etc, as my ex refused to help with costs etc.
She now wished to take the kids abroad and my fear is that once she has the passports I will not get them back and will therefore not be able to take my children abroad on holiday again as she uses them as bargaining chips.
Customer: replied 8 months ago.
Divorce in place since 2009.
Children spent every half term with me plus 1 week at xmas & easter, and 2 weeks every summer since 2009.We are going to normandy in france.
Expert:  Harris replied 8 months ago.

Sorry for the delay in responding. Are there any court orders in place (eg. Residence/contact or child arrangement orders?)

Customer: replied 8 months ago.
No court orders other than paying maintenance until 18 yrs old or leaving full time education.
They live with her in south wales, I am in south bucks.
I have to collect and return the full distance as she refuses to do so, plus I don't get any allowance for the petrol etc.
Would it be easier to discuss by phone as need a responce because at the moment she is refusing to allow me to take then on holiday next tuesday. If we cancel we will be £500 out of pocket (ferry / campsites / theme park)
Expert:  Harris replied 8 months ago.

Thanks for confirming and apologies but I cannot take a phone call at the moment. However, if she continues to refuse to allow them to travel with you, you should consider making an urgent application to court for a specific issue order for a holiday for your 13 and 15 year old (your 17 year old will be too old for the court to deal with unless they have learning disabilities or other issues). The application can be done using form C100 and a £215 court fee and given the urgency you can take the application and a statement regarding the history of the matter and the holiday plan (eg. location, duration etc) and request to go before an urgent business judge on the same day. The mother's consent for holiday travel cannot be withheld unless there are child protection or other concerns regarding the travel and given their ages, the children's views will also be taken into account.

I hope this assists you. 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 your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Many thanks for your assistance.
We will take this further with a local solicitor.
James.
Expert:  Harris replied 8 months ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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