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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I am a single mum who wants to take my. Child on holiday, his

Resolved Question:

I am a single mum who wants to take my. Child on holiday, his dad signed the birth certificate and is saying I can't take him as it affect his time with him,I have never lived with him
I live in Scotland and know its different from england
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

There is a provision in the Children (Scotland) Act 1995 that says that a parent can't take a child outwith the UK without the permission of the other parent. However this provision is designed to prevent child abduction, not to stop a parent taking a child on holiday so your ex's stance is entirely unreasonable.

If he doesn't have a court order for contact and your child was born before 2006 then he can't stop you. If your child was born after May 2006 then technically you have to get a court order if he won't agree. However, you should threaten to claim him for the expenses of the court action as he is just being unreasonable and nonsensical if he makes you go to court.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.
My child was born 2007, doesn't live with him as he has allocated times, there is no court order or anything like that, so can I go or do I need his approval
Expert:  JGM replied 4 years ago.
The law says:

"(3) Without prejudice to any court order, no person shall be entitled to remove a child habitually
resident in Scotland from, or to retain any such child outwith, the United Kingdom without the
consent of a person described in Subsection (6) below."

So if you go on holiday you are removing the child from the Uk and either need his consent or a court order. My answer above refers.
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