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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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I am a single mum with no support from my daughters father,

Resolved Question:

I am a single mum with no support from my daughters father, can I take my child on holiday to Spain to visit her grandparents for 2 weeks without his permission she has my surname but he is named on the birth certificate!
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Technically you have to seek his permission. The law says:

"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 ...... the other parent"

This law was really to help prevent parents taking children out of the country on a permanent basis, however the way it is drafted, it does relate to holiday periods as well.

If the father will not agree then you simply have to go to court to get an order and you can tell the father that you will seek the costs of doing so as this is just a holiday and your request is not unreasonable.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you for your reply! I did get his permission as he was going to come on holiday as well all flights were booked even his back in January but he decided not to go because of an illness he has and now he is threatening me with going to the police saying I've taken her without his permission we leave on Wednesday 9th July and I don't know what to do!




Expert:  JGM replied 2 years ago.
What is his problem with you taking your daughter on holiday.
Customer: replied 2 years ago.
There no problem he is just doing this out of spite!
Expert:  JGM replied 2 years ago.
The police will have nothing to do with this. It's a civil matter and in any event you have return tickets so there is no evidence that this is anything other than a holiday.

Don't contact him again or respond to any communication from him. Just go. I would be astonished of he does anything about it. Just ignore him until you've gone.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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