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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters father wants to take my daughter abroad the 3rd

Customer Question

Hi,
My daughters father wants to take my daughter abroad the 3rd week of her starting her new class in September. This is for my daughters Nan's nieces wedding so long distant relative to Elsie. Due to it being in school and such an important time when there just starting I have said no. I am now being taken to court over this and petrified the judge will allow this! Have you any help or advice for me please?
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
My daughter is 4 years old and sees her dad once overnight every other week. She has told me herself she doesnt want to go
Customer: replied 7 months ago.
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Customer: replied 7 months ago.
I feel that School is the best interest of my daughter and her missing out on this could impact her massively, she is quite a shy child already therefore its so important for her not to miss any time
Customer: replied 7 months ago.
I have attached the letter from the headteacher for you to see.
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. It is illegal to take a child out of school during term time without the headteacher's permission and it will be difficult for a court to agree to this, especially as there is a letter from the school refusing the request already.

Do not be afraid of the hearing - the judge will consider all the facts of the case, the school's position and decide what is in your daughter's best interests.

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

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

Customer: replied 7 months ago.
Elsies father is trying to bully me into agreeing by saying hes already paid and all her cousins are going?
Customer: replied 7 months ago.
How likely is this to be approved?
Expert:  Harris replied 7 months ago.

You should not be bullied into this - if you do not believe it is in her best interest then you are entitled to refuse consent. He should have obtained your consent before making the booking.

If a court considers there is a risk and it is not in the child's best interests, then an order will be made, especially if it is in term time and there has already been a refusal by the headteacher to grant permsision.

I hope this assists you further. 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

Expert:  Harris replied 6 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.