The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

taking kids away on family holiday

  • rcs123food
  • rcs123food's Avatar Posted by
  • Senior Member
  • Senior Member
More
29 Jan 16 #473293 by rcs123food
Topic started by rcs123food
Well I was a chicken today and sent my ex husband an email to tell him I intend to take our two daughters away to Tenerife for a week during the February half term.
We divorced last July,but still he lives under the same roof as me and the girls having dragged his heels over finance etc.we really only communicate via email as he is a bully and I have been subject to domestic abuse.
He has categorically said no to the holiday,commenting that he will take a court order out on me if need be.
This holiday was booked last year when I had fully hoped that things between him and me would be sorted and we would be living separate lives.
Can he stop us? Do I need his consent?what can I do to change his mind?
The kids dont know the holiday is planned as I didn''t want to be accused of tying his hand and blackmailing him.
Any advice greatfully received.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
30 Jan 16 #473303 by MrsMathsisfun
Reply from MrsMathsisfun
Unfortunately you do need your stbx permission to take the children abroad. If he refuses to give permission you could apply to court for a specific issue order.

  • Ras
  • Ras's Avatar
  • Premium Member
  • Premium Member
More
03 Feb 16 #473557 by Ras
Reply from Ras
Crazy...why would he want to deny your girls a holiday during school holidays. Hope you get it sorted and he sees the light.

  • rcs123food
  • rcs123food's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 Feb 16 #473594 by rcs123food
Reply from rcs123food
Thanks for the replies.
He is doing it because he is a nasty bully and controller.
My solicitor faxed his solicitor on Monday after to ask for consent and as yet there has been no reply,he loves to keep me dangling.i wouldn''t mind,but he has my eldest daughters passport hidden away in his secret storage unit (called his car) and I have no chance of getting it so I am stuck

  • Jedzy
  • Jedzy's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 16 #473595 by Jedzy
Reply from Jedzy
Well you could always report that passport as lost/stolen - it effectively is....

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
03 Feb 16 #473598 by rubytuesday
Reply from rubytuesday
Reporting the passport as lost or stolen won''t resolve the issue of gaining consent to take the children out of the UK for a holiday.

If no consent is forthcoming, you will need to make an application for a Specific Issues Order, which can also include a direction for your husband to surrender the passports to you for the purposes of the holiday. You will need to get a wriggle on as time is now of the essence. Unless you are a flight risk, or are intending to take the children to a high-risk area; and can prove that you have return travel tickets then it could be argued that he is unreasonably withholding his agreement and doing so actually prevents the children from enjoying a short holiday in the sunshine.

  • rcs123food
  • rcs123food's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 Feb 16 #473600 by rcs123food
Reply from rcs123food
All I want is to have some time with my precious girls,away from his constant control the girls have no idea that he and I are even divorced as we currently play "happy families" under the same roof,but this time away from him will start showing is all we can survive without each other

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.