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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1382
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex agreed that I could take my 3 children on holiday next

Customer Question

My ex agreed that I could take my 3 children on holiday next year during school term time. I have now booked and paid to take them to Spain for 2 weeks in June 2017. When I told her this she then said she did not agree to going during term time and that she will not allow them to go. She does not have full parental responsibility. I am named on the birth certificates as the father. Where do I stand legally? What are my rights? Can she stop me taking them on holiday?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.


Welcome to Just Answer

I am a Solicitor and will assist you today.

Please may I ask:

- how old are your children?

- have you approached your children's schools about a holiday during term time? what have they said? will they agree the children being able to miss school for the period of the holiday?

- what do you mean that the mother doesn't have full parental responsibility for your children? is she the mother of all of your 3 children?

- are there any current court orders in place?

kind regards


Customer: replied 1 year ago.
The children are aged 13, 10 and 7.I have not approached the school about time off yet.I think I mean sole parental responsibility? They live with her so I understand she makes the day to day decisions. But I still have a say in the larger decisions. She is the mother of all 3.There are no court orders in place.
Expert:  ukfamilysolicitor replied 1 year ago.


Thank you for your response.

Please accpet my apoligies for my delay in responding to you.

Firstly - you do need to approach the childrens schools and seek confirmation that they will allow the children to travel in term time.

If the mother will still not then agree the holiday then you need to make an application to a family court to temporary removal of the children from the jursidction for the purpose of a holiday.

As the holiday is some time off - you need to refer this to family mediation before you can make an application to court.

If you do not do this then the court will automatically reject your application.

There are lots fo family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.

If the mother does not engage in mediation or agreement cannot be reached then the mediator will sign the frm that you need to apply to court.

The Form that you need is the C100 Form.

The Court fee is £215.

You send the application to your local family court.

A Judge will then make a decision as to whether your children can travel with you without th emothers consent.

It is generally the view of the court that children will enjoy a holiday and should be allowed the opportunity to travel with you. The court will also want to be reassured that the childrens education will not be impacted and therefore it is very important that you obtain permission from the schools.

Let me know if I can help you further.

Kind Regards


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Customer: replied 1 year ago.
Ive been advised that if the children agree to going on the holiday, I can have a legal notice served to their mother, stateing where we are going, leaving and returning dates and and the children can be witnessed saying that they agree to the holiday. Is that right?
Expert:  ukfamilysolicitor replied 1 year ago.


Although it is a good idea to provide the mother with full details of the holiday including the flights and accommodation - the only way that you can travel abroad if the mother doesnt consent is to obtain a court order.

If you dont obtain the schools permission you could be risking a fine.

If you don't obtain the mothers permission or the courts permission if the mother wont agree then you need to be aware that the mother may seek to report the children as having been abducted. If found guilty you could face a prison sentence.

You need to approach the schools, refer to mediation and if the mother still wont agree - make your application to the court.

Let me know if I can help you further.

kind regards


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