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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1364
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband and I are now divorced(may 2015) after he left me

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My husband and I are now divorced(may 2015) after he left me and our two boys for another woman 2 years ago. My boys are now 6 and 2. I have bought him out of our home and the court order states he must pay £50 pw,per child til 18 or they leave full time educTion. I am their primary carer, they live with me, this was agreed in mediation as I have always been the primary carer due to their dad's unsocial working hours,he's a chef. My worry now is holidays. Although some day I will agree to them going on holiday with him, I feel they are too young,especially the little one, to go without me. The eldest has a closer bond with his dad,he was 3 1/2 when he left, but the youngest would freak out . Doi have any leg alright to prevent hi from taking them abroad until an age I'm happy with,around 8yo,or can he just do as he pleases? This really bothers me as he isn't the most attentive or vigilant dad.
Thank you for your question.
If you didn't provide your consent that your children could abroad with their father then their Dad would have to make an application to the Court for Temporary Leave to remove your children from the Jurisdiction for the purpose of a holiday.
As long as there is no concern that the children will not be brought back to the Jurisdiction then Courts do consider that children will enjoy a holiday with either of their parents.
You could argue that they are too young and that he isn't attentive but the Court might not agree.
The courts consider that it is a child's right to have a relationship with both parents unless there are child protection reasons why this shouldn't happen.
You could explain to your ex that you are not opposed in principle but if you could work on a 'build up' whilst they are still young - such as a few nights in the UK - gradually getting longer - see if he will accept that.
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