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.
 

Holiday abroad information

  • susie2014
  • susie2014's Avatar Posted by
  • Junior Member
  • Junior Member
More
05 May 14 #432450 by susie2014
Topic started by susie2014
I have been told that the UK courts will expect either partner in a divorce to give the other partner information about taking their children of the marriage abroad e.g. flight numbers, leave and return dates?

Can anyone tell me the full list of information I would need to ask my ex for?

On paper, I have residence of one child and he has residency of the other, however, we have a SHARED CARE order 50% each one week on and one week off. Neither of my children want to go abroad anyway abroad with my partner but that is beside the point. Does the set-up of the order mean that I can prevent the child with residency with me from going abroad as he doesn''t want to go anyway? because I have residence.

Can anyone help with these 2 issues? I think the children should be asked what they want they are both over 10. Any views on that too?

  • bab
  • bab's Avatar
  • Platinum Member
  • Platinum Member
More
06 May 14 #432544 by bab
Reply from bab
Is there a risk of your ex not returning the children to the UK after the holiday abroad?
If yes, you can apply for a PSO (Prohibited Steps Order).

From what I''ve read, it just feels like bickering to me. Stop trying to use the legal system for the kids. It''s not productive. It''s not about what legal status you have with the kids.

What''s really negative for the kids to have a holiday abroad?

If it''s a holiday that the kids are going to, you should perhaps wish them a good time. You can certainly ask for the details of the holiday, i.e. flight numbers, leave and return dates. So, you know what to do during an emergency.
When your kids come back, you can talk about what they did during the holiday.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 May 14 #432567 by Fiona
Reply from Fiona
Why do the children not want to go on holiday abroad? Children''s view are important but not determinative. For example loving parents would ask children how they felt about moving house or school but ultimately the parents would consider their feelings and make a decision in light of the family background and financial circumstances.

Sometimes good parenting involves coercion for children to brush their teeth, not hit the dog, go to school, do their homework, tidy their room etc etc. Our children often said they didn''t want to go on holiday or visit relatives and were coerced into it but usually enjoyed the holiday and derived enormous benefits from relationships with the extended family.

I''m rather confused when you say on paper you have residence and a shared care order. If you have sole residence in your favour in theory you can take the children abroad without consent of the other parent. In practice that may be difficult if the holiday coincides with time you have to make the child(ren) available for contact and the change in arrangements would need to be agreed.

When there is no residence order it is a criminal offence to take children abroad without consent of all those with PR or permission from the court. However a dim view is taken when consent is unreasonably withheld. Generally speaking the courts view children spending time with a parent on holiday as a positive thing.

With a shared residence order there is some legal debate as to whether or not consent is required.

Either way there is no set list but it is deemed reasonable for parents to at least know where their children are staying at night, flight numbers, times, leaving and return dates.

  • susie2014
  • susie2014's Avatar Posted by
  • Junior Member
  • Junior Member
More
09 May 14 #432828 by susie2014
Reply from susie2014
there is a risk of them not being returned and a threat of one verbally from ex.

nothing wrong with a holiday but they would miss me and want to stay in contact and at the moment my ex will hardly ever let them phone me when they are with the ex...let alone on holiday!

Nothing wrong with seeing other members of family either but prefer it when children do not return telling me all the nasty things they say about me and my side of the extended family! I don''t talk about them, my time with my children is spent having nice times and creating happy memories ok.

would be helpful if someone knows what the court would expect in terms of information ex should reasonably be expected to give me beforehand e.g. flight numbers and departure and arrival dates, details of hotel, contact telephone number etc.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
09 May 14 #432832 by MrsMathsisfun
Reply from MrsMathsisfun
As previously said your ex would require your permissions but is under no legal obligation to give any details of the holiday.

  • bab
  • bab's Avatar
  • Platinum Member
  • Platinum Member
More
09 May 14 #432852 by bab
Reply from bab
If there is a real risk of your ex not returning the kids, you can apply for an urgent PSO (Prohibited Steps Order).


My advice is, just let this one go. Wish your kids have a happy holiday.
You can''t control what your ex does with the kids. Focus on what you can do with the kids when they are with you.

I know asking for flight numbers, etc. is not a big deal. But your kids won''t be in danger even if you don''t know the full holiday details. Just let this one go.

Don''t continue the emotional battle between 2 parents using the kids. Don''t dwell on the past. The divorce must have been hard enough for the parents and the kids. Focus on the positive stuff you can do with the kids.

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.