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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1436
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I spoke to you last week regarding my ex partner and

Customer Question

I spoke to you last week regarding my ex partner and his behaviour towards me. I was wondering if you could confirm some things for me as I think some of these points he's now making are ridiculous.
He's saying that (if our son is his - as he still refuses to accept that) that he has a right to see him at his birthdays and Christmas (this is fair enough) but he's also saying he has a right to be at any parties I decide to throw for him whether he's involved in the arrangements or not otherwise I'm trying to block him from celebrating his birthday or other special occasions!!??
I also gave him notice last week that at the end of Feb I'll be going away for 5 days (in the UK) with my son & new partner. He's saying that I can't go away anywhere with our son whether abroad or in the UK without his permission and as I'd be going with my partner he wont give permission. Surely that's wrong? Cause if that's the case I'd never be able to take my son on holiday anywhere!? And yet he says I'm refusing him his rights if he can't take our son away...
He says if I get a passport for our son & he doesn't sign it he can take me to court as I don't have his permission (though there is only space for 1 adult to sign on the forms)...
The list goes on but he's driving me insane. Can you please confirm where I stand in all of this - particularly with this short break as it's already booked.
Thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
I hope that you are well.
In respect of Birthdays and Christmas- as they are special occasions then parents will often share the days. The father has no legal right to come to a party that you arrange. If you relationship with him was a good one then it would be nice for your son to see you both get on - but if this isn't happening and having him at a party is going to create an atmosphere then you do not have to invite him.
You do not need to have the fathers permission if you want to go on holiday in the UK.
As the father has parental responsibility if you want to take your son abroad for a holiday then his permission is required. If the father doesn't give permission then you can make an urgent application to the court. Courts consider that children will enjoy a holiday abroad and will not deny a child such an opportunity to go on holiday - as long as the court Is satisfied that you are not trying to flee abroad and not return. You can also the court for a Child Arrangements Order to confirm your son lives with you. If the court grants this and they likely will if the father has unreasonably withheld permission in the past - then you can travel abroad for up to 28 days without needing the fathers permission.
In respect of the U.K. Holiday - perhaps offer some extra time to compensate what he will miss.
As you are the mother - you can apply for your sons passport. You don't need the father to sign.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Customer: replied 2 years ago.
I've said he can see our son at extra times in the week before and after I go away as I did before. He's just trying to be difficult as usual.
I probably won't bother applying for a passport anyway if I won't be able to use it without his permission as he'll never give it and he knows I can't afford to take the court route which is why he constantly behaves like this.
Do you know how much it would be to get a Child Arrangements Order?
Expert:  ukfamilysolicitor replied 2 years ago.
The only court fee for a child arrangement order is £215. You might even get a reduction depending on your income - see Form EX160
My best advice is to get the DV evidence that I told you about previously as you may qualify for public funding - this is the specific letter you need;
Kind regards