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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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 social services stop me taking my child on holiday she

Customer Question

can social services stop me taking my child on holiday
she has a care order ( still to live with me as not been changed ) but now is in a childrens home .
I want to go on holiday in 3 weeks time and now after 4 month after tellind social services they are trying to stop me taking her.
can they block her passport and prevent her leaving the country.
I have pr over her since dec 2014.
they have sent me a letter saying it is because it is in term time ,
but as the education act 1996 section 444 only requires a child to attend regularly they cant use this to stop me taking her .
now they are saying it is because there are other risks involved , eg what if she went to the bar and asked for a alcoholic drink !!
my reply she would not get served as would have wrong colour wrist band,
they just keep making new excuses every time I can discount there reasons.
the court originally gave me custody of her but as she failed to go to school on many occasions whilst I was working they said it was neglect and put her in the home last year
when I mentioned the holiday back in January they offered to pay for her passport photos
then offered to get her passport and pay for it
I paid and arranged both.
since then they have only given positive response to the holiday
the home staff are happy for her to go
the staff at the school are happy for her to go
there are no significant risks over her going
what do id do ??
Submitted: 1 year ago.
Category: Family Law
Expert:  michael holly replied 1 year ago.
Sorry to be the one to tell you this but children are expected to attend school and parents are expected to make sure they do so.The idea is that the child is not expected to play catch up all the time. Effectively you need school approval to take a child away out of term time and it has to be things time granny's funeral. Otherwise forget it.Appreciate you do not want to hear this but you need to know it.Best regardsMichael
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.I note that the school has in fact agreed to the holiday and you say that the Care Home staff are also in favour.How old is your daughter
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.
How long will she be away from school?What regular contact are you having with her at the moment?