How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11130
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

family holiday

Resolved Question:

I want to take my daughter to Florida for 2 weeks but her dad is causing problems he stopped paying maintenance 2 months ago as he is now disputing paternity after 8 years so on the advice of CAB I started a claim with child maintenance as they would offer a DNA test to him and the matter would get resolved quicker. |My thinking behind this was he hasn't seen our daughter since Oct and hasn't spoken to her on the phone since Xmas day and I didn't want to have her feel upset or ignored while we waited for him to arrange a DNA. Unfortunately child maintenance would not take the case as we had an open CSA case from years before (even though we never actually used them in the end as he set up a SO) CSA will not offer a DNA because he apparently signed a document admitting paternity 6 years ago and he is on the birth certificate (she was born Oct 2006) I went ahead and let CSA restart proceedings against him to try to make him act on his so called doubts but he is now saying if I do not stop the claim he will stop me taking our daughter on holiday, my question is can he do this if he is at the same time disputing she is his daughter?

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
He would have to go to court for an order stopping you from taking your daughter away from the UK. He won't want to spend that kind of money as any solicitor will tell him the order won't be granted where he is disputing paternity. He is winding you up to try to get you to drop the CSA claim. Just ignore him, proceed with the claim and take your daughter on holiday.
Happy to discuss further.
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 answer, would I need his written permission though to take her out of the country? Most sites I have looked on say yes and I don't think he will comply?
Expert:  JGM replied 2 years ago.
Is he on the birth certificate?
Customer: replied 2 years ago.
Yes
Expert:  JGM replied 2 years ago.
The law says that a parent can't remove a child from the UK without the others consent. That normally excludes holidays and the fact that there is a return ticket is generally enought. However, if you believe he may be difficult I would advise that you see a solicitor to attempt to get a formal consent or if need be a court order dispensing with the consent.
Normally the threat of a court order and the cost of going to court would be enough to bring him to his senses.
JGM and 2 other Scots Law Specialists are ready to help you