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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separated from my wife and everything ie daily

Resolved Question:

I am separated from my wife and everything ie daily access/maintenance has been agreed through a solicitor.Both parties are happy with the agreement. However I have booked a holiday to Turkey around the dates that I have my daughter over the summer and her mother is refusing to let her go due to the political climate there. My daughter is 12 years old and wants to go. The Foreign Office advice is that its still safe to travel to tourist resorts . Please can you advice me ?
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. Where exactly in Turkey are you planning to travel to?

Customer: replied 12 months ago.
pine bay holiday resort kasadasi which is 800miles from instanbul and an 18hr drive from the Syrian border. the fco advise is on line and not preventing travel and ***** ***** whom I'm travelling with say its business as usual. I appreciate what is happening there and at the moment anywhere is a risk france belguim uk even Australia now.I wouldn't take her if there was a threat to her life
Expert:  Harris replied 12 months ago.

Thanks for confirming. Firstly you should know the legal position. You will both have parental responsibility by virtue of marriage, and you are both required to obtain the explicit consent of the other parent if planning to take a child out of the jurisdiction, unless there is a child arrangement order (for residence) in place which allows the party named in the order to take a child out of the jurisdiction for up to 1 month without requiring the permission of the other parent.

The other parent cannot unreasonably withhold consent and if consent is withheld then an application to court for a specific issue order, under form C100 and a £215 court fee to the child's local family court will need to be made.

Having considered your intended travel to Turkey, I appreciate that the FCO guidance states that there are no current issues with that area, however, the mother's argument would be that the country is currently unstable and that there is a nationwide state of emergency in place.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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