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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Decree Nisi has just been granted. Awaiting Decree Absolute

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Decree Nisi has just been granted. Awaiting Decree Absolute in a few weeks time.Have a son of 15 months.Son lives with mother until the custody issues have been resolved. No legal proceedings in this matter have been taken so far.Mother wants to go to Bali, Indonesia to a friends wedding for about 1 week and take the son with him.Father would like to object as the son is too young and will also deprive father of 2 days a week limited time he has access to the son. Wife has offered additional days access on return from Bali. Father is also not happy that a child so young is visiting a third world country with possible health issues. They will be staying in a five star hotel in Bali.1. Does the father need to give reasons for not consenting for son to go to Bali ?2. Can you draft a letter to be sent out by husband to wife objecting the travel by son to a foreign countryThanks
Hi, thanks for your question.The father has a right to object to travel abroad if it is not in the interest of the child. If there are concerns about health issues or living arrangements, or if there are concerns that the mother will not return to the UK then there is good grounds to refuse this and the mother should be informed - setting out the reasons for objection. If the mother does not agree not to take the child with her, then the father will need to apply for a prohibited steps order under form C100 to his local family court, together with a £215 court fee on an urgent basis.I appreciate that this may not be the answer that you would have hoped for, but please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating.The court will consider the reasons for objecting to the travel and decide what is in the father's best interests. Given that the mother is going for a specific arrangement (a wedding), for a short period of time and has made arrangements to stay in a 5 star hotel, and as long as she can provide firm details of travel arrangements, a return ticket and the hotel details, then there is likely no merit to pursue an application to prevent this travel. The mother has also offered the father extra contact sessions to make up for the sessions missed whilst she is abroad.Unfortunately, this service does not provide drafting of letters, but if you wished to draft one you should set out the reasons as detailed above.
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