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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1914
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my ex partner take my 15 month child on holiday to the

Resolved Question:

Can my ex partner take my 15 month child on holiday to the isle of man without my consent? Im names on the birth certificate.
Also can you simply up stinks and move there for good without my consent
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. As you have parental responsibility by being named on the birth certificate as the father, the mother must consult you if she wishes to go abroad for holiday with your child. If she does not obtain your consent this will be considered child abduction.Furthermore she is not allowed to up and leave without consulting you, and you can refuse as long as it is reasonable. If she continues to wish to move or go on holiday, a court will have to decide.To prevent the holiday for reasonable reasons you can submit an application to your local family court under from C100, together with a £215 court fee, for a prohibited steps order to stop this. If she wishes to permanently move there then you will need to submit the same application form but for a specific issue order, and the court will decide what is in your child's best interest.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
Just so I'm clear are saying the isle of man is classed as abroad? She believes it's classes as the UK and therefore does not need permission to holiday or move there permanently
Customer: replied 9 months ago.
Would you be able submit the relevant forms please? Assuming you are going to say the isle of man is classed a abroad
Customer: replied 9 months ago.
Also I'm not clear on the holiday/child abduction point. Are you saying a need to submit a form to the courts or should I simply ring the police if she tries to travel on wednesday
Customer: replied 9 months ago.
Hi will you email whrn you've completed your investigations please?
Expert:  Harris replied 9 months ago.
Hi, sorry for the delay. Isle of Man is not considered part of the UK and therefore is a different jurisdiction - therefore she needs your permission to travel. Unfortunately, I cannot assist with submission of the court forms but can assist to help you deal with it and provide guidance. The form is here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf and needs to be submitted on an urgent basis to your local family court. However, you have to have reasonable grounds for refusing. For example, if it is a regular holiday and she has provided you with details of where they are staying together with a return ticket, then it will likely be more difficult to persuade the court that it is not in your child's interest. If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
I'm worried she won't be coming back if she travels on Wednesday. Do.you think will be fair grounds to prevent her from travelling?
Expert:  Harris replied 9 months ago.
If you have proof to support your position that she may not come back, then yes it will be reasonable grounds.As the travel is on Wednesday you should attend your local family court tomorrow morning with the completed application (and two further copies) and inform the court staff it is being submitted on an urgent basis and you will be able to go before a judge tomorrow.If the court grants the prohibited steps order, the mother will need to be served with it personally by a process server so that it is effective.
Harris, Law Specialist
Category: Law
Satisfied Customers: 1914
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
In terms of the forms that stop her moving there permanently isn't the onus on her to seek permission to move permanently to the isle of man rather than me trying to stop her ?
Expert:  Harris replied 9 months ago.
She is supposed to consult you for agreement, but if she does not, either of you are able to apply to court for a specific issue order. If there is not agreement, then yes she should be applying to court - but it is not always the case that this happens.
Expert:  Clare replied 9 months ago.
As I am sure you are now aware there is nothing to prevent the holiday - that is not something that you can prevent - just the moveClare

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