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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2299
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am taking my son to cyprus on sunday, the holiday has been

Resolved Question:

i am taking my son to cyprus on sunday, the holiday has been book for around 18mths, its for a family wedding, the father had just turned round and said i cant take our son to spite me as im bridesmaide etc, he is on my sons birth certificate so has perental rights
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are in England or Wales

-How old is your son?

-Are any court orders in place at the moment?

Customer: replied 6 months ago.
Hi we live in England
My son is 3 years old (4 October 31st)
No court orders inplace
Expert:  Harris replied 6 months ago.

Thank you. As the father is named on the birth certificate he will have parental responsibility and his consent is required to take the child out of the country, even for a short holiday. His consent cannot be unreasonably withheld and he needs to provide an explanation why he is refusing the travel. If his consent continues to be withheld you will need to urgently apply to court for a specific issue order to travel with the child - this can be done on a form C100 and a £215 court fee and you can attend your local family court in person and ask for a hearing the same day. You should initially write to the father and inform him that you have grounds to apply for this and if it is found by the court that his consent was unreasonably withheld you can ask the court to make a costs order against the father to pay for your legal fees.

If you were to travel without his consent, then you would likely be stopped at the border and asked for proof of his consent - furthermore, travelling abroad without the consent of a party that has parental responsibility is child abduction which is a criminal offence.

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

Harris, Law Specialist
Category: Law
Satisfied Customers: 2299
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Expert:  Clare replied 6 months ago.

My name is ***** ***** i have been a solicitor for more than 30 years.

You will NOT be stopped at the border and asked for evidence of consent and taking the child on holiday is NOT Child abduction

Yes you should have his agreement - but only if he obtains a Prohibited Steps Order preventing the trip can you be stopped at the border.

Clare

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