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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
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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can I take my kids in holiday abroad for less than 1 month

Customer Question

can I take my kids in holiday abroad for less than 1 month without asking the consent to my ex wife? we are both Italians and my ex (from which I am divorcing in UK ) doesn't want me to go in holiday with The kids for for the ( almost)whole month and she asked to come and stay in the same house where my parents live and where I intend to spend the month ,
kids are living with her and so far she never allowed me to keep the kids overnight ,
we are trying mediation to find an agreement but the next appointment will be in 2 weeks and I m trying to organize the trip and i need to arrange my holiday at work
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there any court orders in place regarding Residence?
Customer: replied 3 years ago.

HI Clare ,

thanks for your help ,

there is a Proibited steps and residence order under the section 8 children act 1989 in favour of my ex .


Expert:  Clare replied 3 years ago.
Then I am sorry but no you cannot take the children out of the country at all without either your ex's permission or an order from the court
She however can take them out if the country for up to 28 days without your agreement so long as it does not breach and Court Order for contact
I am sorry to give such bad news