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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I take my children out of the country for a holiday for

Customer Question

Can I take my children out of the country for a holiday for 4 weeks without their fathers permission. I have passports children are 13 and twins 9.

We have been divorced for 2 years. He is objecting and sayin they can only go for 3 weeks, 2 weeks during school holiday and 1 week off school.

I am taking them to NZ to see family and feel it is not long enough for such a big trip. My solicitor said the law is 28 days is this correct ?

Please let me know soon, we have a mediation meeting tomorrow to discuss and would like to have the right facts.

Thanks you

Lindsay
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Please confirm whether or not there is a Residence Order in place regarding the children?
This would have involved separate proceedings to the Divorce itself
Clare
Customer: replied 3 years ago.
No there is not a residence order.
Expert:  Clare replied 3 years ago.
Hi
Then your solicitor should have told you that in fact neither if you can take the children out of the country without either the consent of the other parent or an order from the court.
Only if you had a Residence Order would the 28 day rule apply.
If you are applying to the court for an Order the fact that you are removing the children from school could be a serious problem I am afraid.
I hope that however disappointing this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
What would happen to me if I took them anyway ? And what is involved in getting a residence order ?Thanks
Expert:  Clare replied 3 years ago.
Hi
Your ex can apply for an Order preventing you from doing so and bringing with it the likelihood that you will be stopped at the air port.
To get a Residence Order you would have to make an application to the court on a form C100 available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
However this will mean that the issue of the holiday will be central to the matter and as I said the fact that you are intending taking the children out of school for two weeks would be a problem
Clare
Customer: replied 3 years ago.
If he agreed that I could take them for 3 weeks but then I stayed out in NZ longer say 4 weeks and delayed my flights, what could happen me ?
Expert:  Clare replied 3 years ago.
Hi
Then your ex could apply for an order in NZ for the immediate return of the children.
You would have difficulty in the future of ever being allowed to take the children abroad again; and it could potentially lead to a transfer of Residence should your ex seek it
Clare
Customer: replied 3 years ago.
How about if i delayed the trip until the girls are 13 years . Can I go without his permission then ? If not what age are they allowed to go without his permission?

Thanks

Lindsay
Expert:  Clare replied 3 years ago.
Hi
The age that they can go without his agreement is 16
If you were going in the Summer Holidays then there would be little doubt that a court would agree - it is the fact that you are taking them out of school that is the problem - which will be worse when they are 13
Clare

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