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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner is refusing to let me take my Children on Holiday

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My partner is refusing to let me take my Children on Holiday to America because she wants me to pay her £3000 for a loan we took out with a family member to buy a car 6 Years ago.
I took my children to Eire last Year and this wasn’t brought up then so I have taken my children over sea’s before
If I pay the money and get her to sign a letter stating that I can take them abroad, would that be legally binding or could she pull back from allowing them to go any point before the departure.
As their father, if I meet her conditions, is there anyway I can, legally ensure she allows my children to come away with me.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and are there any Orders in place regarding Contact arrangements
Customer: replied 3 years ago.

18,15 and 10. no orders. In fact i am lucky to have them 3 weekends out of 4. (i realise one is now an adult and can make up his own mind)

Just to check - do you have Parental Responsibility for the children?
Customer: replied 3 years ago.

Yes i am their father and on the birth certs. The boys live with their Mum

Unless you were married to your ex then that does not give you PR for the 15 year old - but given his/her age it is not relevant as it is up to him/her if they go with you
You need to try and discuss matters with your ex using Family Mediation
If that fails or you attend and she does not then you can apply to the court for a Specific Issues Order that allows this trip - and others in the future - and your ex will no longer be able to hold you to ransom in this way
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thanks for this. if i decided to pay her and asked her to sign a letter stating she would be happy to let them go; does that have any legal weight behind it.

She is holding the passports (which i paid for) can she with hold them from me?

If she gives her written consent then well and good.
However you cannot force her to release the passports without a court order - although the two elder children should hold their own
Customer: replied 3 years ago.

when you say well and good, does that mean i would have a legal hold over her to make her let the kids go...?

It means that if she subsequently applies to the court for a Prohibited Steps Order to prevent your trip she will have to explain to the court why she had changed her mind
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