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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter who is a lone parent has received a letter from

Customer Question

My daughter who is a lone parent has received a letter from her son's paternal grandmother for permission to take him on holiday abroad. My daughter is reluctant to do so as her son is only 4 and she has no passport. So in the event of a problem she would be unable to go to his assistance etc. Is she legally obliged to agree? She already allows regular access and overnight stays on a weekly basis and has no objections to his going on holdiay in the UK during school holidays.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Will the father also be going?
Claire
Customer: replied 4 years ago.


Hi Claire,


 


Yes he will be going. He is named as the father on the birth certificate. Can he take their son abroad without the mother's consent? The mother doesnt have a passport and so in the event of a problem she would be unable to go and help. They have been asking about this since he was a baby.


 


Sue

Expert:  Clare replied 4 years ago.
Hi
Where do they wish to take the child and for how long?
Claire
Customer: replied 4 years ago.
Hi Claire

They havent been specific other than to say somewhere in Europe. It will probably an all inclusive deal. For one week.

Sue
Expert:  Clare replied 4 years ago.
Hi
What is the longest time the child has spent with his father/grandparents until now?
Claire
Customer: replied 4 years ago.
approximately a week with his father.
Expert:  Clare replied 4 years ago.
Hi
Aside from the passport issues what are her main concerns?
Claire
Customer: replied 4 years ago.

One of the reasons for going together is so that they can share the childcare and his father can have time 'off' leaving Luca ( my grandson) in the care of his other grandmother who is deaf and doesnt hear unless she is facing someones lips. One hears about abductions, accidents etc which my daughter is very anxious about. She has her own feelings of anxiety about travel abroad and flying and so feels particularly concerned about what might happen in the event of an accident.


The other grandmother has also stated in the past that she might just go to New Zealand on holiday and not come back.


She has also suggested to her son that they forge my daughter's signature in order to obtain a passport and take him with or without consent.


For all the above reasons my daughter does not feel confident about letting her son go on holiday abroad with them.

Expert:  Clare replied 4 years ago.
Hi
How old is the other grandmother
Claire !
Customer: replied 4 years ago.

About 58, still working.

Expert:  Clare replied 4 years ago.
Hi
I am sorry but I have to be honest and say that if the father applies to the Court for a defined contact order to allow him to take the child abroad there is a good chance that he will succeed.
They will have to give FULL details of flights and hotels and it will have to be in school holiday time but if they provide all of this then none of the reasons given for refusing are likely to convince the court.
The only strong argument your daughter ha sis that 4 is still a little young
Indeed the fact that they are travelling as an extended family strengthens the case and sadly the fact that your daughter does not have a passport will not be seen as relevant.
If your daughter wishes to at least delay the matter then it would be sensible to suggest that they holiday in the Uk again this year and plan a foreign holiday next year
Claire