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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I have residential care and control of my son which is

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Hi, I have residential care and control of my son which is detailed in a legal separation agreement. I want to take my son abroad on holiday for 4 nights but my sons father who has parental rights says no. Where do I stand?
Thank you for your question.
Under section 2 (3) of the Children (Scotland) Act 1995, which you can read online, a child cannot be removed from the UK without the consent of a person with parental rights, even by the parent with care, where the other parent exercises contact.
For that reason you need his consent. However, that section was designed to prevent child abduction. What you want to do is take your child away for a few days. The way to approach this is to say to the father that if he does not consent, and I presume, there is no reason for him not to do so, you will take him to court, you will get a court order and you will ask the court to make him pay for the costs of the proceedings. There is no doubt that the court would not be pleased with a father who refuses to give consent simply to be bloody minded about it.
I hope this helps. Please leave a positive response so that I am credited for my time.
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