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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34271
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How long can I leave the UK without requiring permission from

Customer Question

How long can I leave the UK without requiring permission from the father ?'
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.
My work will take me overseas for a period of 8 weeks. I wish to bring my son with me, and undertake a period of homeschooling with a tutor . He is 10 years old, and I feel he needs to be with me, his step father and baby brother. His biological father is currently withholding permission for me to take this job, even though he himself will be abroad during this period if time. My son would need to be put in boarding school if I cannot take him. My intention is to return to the UK after the 8 week period, and put him back into his current school. I am not in a position to refuse this job, and I need to see if if can do this trip in shorter periods of time that fall within the legally permitted period that I may be absent without requiring consent from my sons father if he becomes very unreasonable.
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If the biological father also has parental responsibility and no court orders are in place about the child, you cannot take the child abroad without his permission or approval from the court.

If there is residence order in your favour, you may take the child abroad for up to a month on holiday without his consent.

In your case, you should apply for a specific issues order from the court if he does not consent as you wish to take the child abroad for non holiday reasons and for almost 2 months.

See here for the process for applying for the court order
https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

Hope this helps

Expert:  Clare replied 3 years ago.
Hi
For clarity since you have a Residence Order you can take the child out of the country for up to 28 days at a time for ANY purpose provided you do not interfere with contact arrangements
On that basis assuming contact is not an issue and you can guarantee that the school place will still be available on your return then provided you have a short trip home in the middle of the eight weeks you will be within the rules.
Clare