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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Im currently looking to go on holiday for a week in Spain

Customer Question

Hi I'm currently looking to go on holiday for a week in Spain with my daughter who is 9 months old and her father who is named on the birth certificate is refusing, can I still take her because its not over a month? Her farther and I ain't together and she's lived wiv me from the time she was born.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you
Legally you need either the fathers consent or an order from the court to take the child out of the country even on holiday
Assuming that you have give your ex full details of the trip and there are no real arguments against it then you could make it clear that if he applies to the court for an order preventing you from going then you will apply for a Residence Order - which will indeed mean that in future you would be able to take the child abroad for up to a week at a time
I hope that this is of assistance - please ask if you need further detail
Customer: replied 4 years ago.
What grounds do I need to apply for a residents order
Expert:  Clare replied 4 years ago.
Something as simple as his refusal of a simple request to take the child away on holiday could be enough PROVIDED you had already given him full details and there was no medical or other valid reason for him to object