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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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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Clare, Unfortunately matters have gone down hill since

Customer Question

Hi Clare,
Unfortunately matters have gone down hill since I last asked a question.(owing to the fact I have eventually discovered another man has been involved all along, and she has apparently become pregnant to him! (although I also believe has had an abortion))
Anyway - I now a slightly different question.
- I have requested to take our twin 2.5 year old children to Disneyland Paris in July for 4-5 days. Their mother has refused to let me take them and will not hand over their passports.
- We do not have any formal legal agreements in place between us - but I have been having the kids 3 nights a week anyway.
- I am registered as their father
- The children are primarily resident with her (well for 4 nights a week anyway) - but clearly because I haven't (yet) challenged anything all doctors etc will be register to that address.
1. Can she really have any right to refuse - and if so why and if not what can I do about it?
2. Can she refuse to hand over the passports? - and again what can I do about this?
3. Do I actually have equal right to the mother in this matter? (so could I refuse likewise for her to take them on holiday if I was being equally petty).
4. Would mediation resolve this issue?
4. I didn't want to go to court - but is this the only option?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question I will do my best to help you
Neither of you can take the children out of the Uk without the agreement of the other parent or an order from the court.
If you cannot reach an agreement then you will need to attend Family mediation
If that fails then I am afraid that the only option is an applictaion to the court for a Specific Issue Order - which will be granted and will include the release of the passports to you
I hope that this is of assistance - please ask if you need further details