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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11747
Experience:  30 years as a practising solicitor.
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what is the law with regards ***** ***** consent from the father

Resolved Question:

what is the law with regards ***** ***** consent from the father of a child when there is a court ruling that the mother of the child cannot take him out the country without his consent
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If there is a court order there is no implied consent. Specific consent is needed and it should be sought in writing as evidence of consent.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

If the father did not reply in anyway with regards ***** ***** proposal, where does that leave us with regards ***** ***** taken my wife's son out the country, and also bringing him back on the date we said. The proposal for holiday access was sent over two weeks before we left to go on holiday. We also then sent a letter a couple of days before we went saying that seeing we have not heard anything and also the fact that according to the court order, The father is allowed 2 non-consecutive weeks, and requested 30 days in total, we said we would agree to this aslong as we could get the permission to goto spain?

Expert:  JGM replied 3 years ago.
Sorry, I'm not understanding this. Have you already been on holiday and come back again? If so, what is the difficulty?
Customer: replied 3 years ago.

We have already been on holiday and come back and his lawyers are now telling us they are taking my wife to court as she broke the court order

Expert:  JGM replied 3 years ago.
Can you tell me precisely what the court order says?
Customer: replied 3 years ago.

The court Order states That my Wife cannot take her son out the country without permission of the father, the court case was brought against her I believe due to the Hague Convention where due to mental Abuse my Wife moved back to New Zealand with her son as she is a New Zealand Citizen, she was then forced to bring her son back to the UK, This I believe happened about 4 years ago. We have now been married for nearly a year, The father is very un-responsive to Letters and abusive via text, so dialogue with him directly is non-existent.

Expert:  JGM replied 3 years ago.
In future she will have to go to court to get a specific order. It is quite clear that the existing order is no use. If the he father will not give consent to allow the child to go on holiday there is no point in having the order.
The difficulty here is that the child was removed from the country and was brought back under the convention. However the court will know that the convention is to do with "Child snatch cases" and is not for holiday situations.
The court will be less than impressed that he did not cooperate with a holiday request.
Make sure that your lawyer is well instructed about this.
Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you