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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There , my wife and I seoerated back in febuary this year,

Customer Question

hi there , my wife and I seoerated back in febuary this year, I planned a holiday with my son in july to which my ex wife declined to come as she was given plenty of chances to come with but came back saying she felt awkward, since the split I have found out she has been having affair for the past 16 months, we both have moved on and both have new partners, my girlfriend of 2 months along with her5 yo daughter has booked to come away with me and my son of 8, they booked last week and I booked for me and my son back in april ,, I told my wife out of commom decency that my girlfriend and her daughter would be coming but will all be in separate appartments, now my ex wife has started saying she is not allowing him to come ,, can she stop me taking him away for a 1 weeks holiday to which I have all details , return flights
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your son and how is his time shared between you?
Clare
Customer: replied 1 year ago.
My son is 8 years old and there is no residency order as we have been doing it amicably between us
Expert:  Clare replied 1 year ago.
Hi
I am afraid that technically neither of you are entitled to take the child out of the country without the agreement of the other parent or an order from the court.
However if the matter comes to court then the Judge will have no sympathy for the approach taken by your ex.
I would suggest an urgent appointment with a family mediator
www.familymediationhlepline.co.uk
and if your ex is still objecting you consider an urgent applictaion to the court for a Specific Issue Order
Please ask if you need further details
Clare

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