ex partner taking child out o f country on holiday

my brothers ex partner (they have never been married and didn''t live together for very long) has said she is taking their daughter abroad for two weeks. Does she need my brothers permission to do this or can she just go regardless. he is named on the birth certificate. He does not want her to take the child out of the county. she is only 22 months old. He conveyed this to her and she threatened him with, in not so many words. ''I wouldn''t do that if I was you''
where does he go from here.

Why is he bothered?

Hello and welcome to Wikivorce.

As your brother has Parental Responsibility, his ex would either need his consent, or that of the Court to take the child out of the jurisdiction. Note that he cant unreasonably withhold his consent.

Two weeks suggests to me that the trip is a holiday. Is Mum a flight risk - ie has has she threatened to take the child away permanently, or does she have strong family ties in another country?

If he beleives that the trip would be detrimental to the child, or that Mum is intent on absconding, then he can apply for a Prohibited Steps Order, which will prevent Mum from taking the child out of the country.

But - if this is just a holiday, then he is unlikely to be successful in his PSO application. A child would benefit from a holiday or from visiting family abroad and any application would need to demonstrate that there is a real risk to the child. Bear in mind that the application would cost £215, so he shouldn''t act without establishing all the facts first.

What are his objections?

Hi Pixy
I have just found out it all stems from his ex saying he cannot have overnight access until the daughter is four. apparently someone has told her this as it is detrimental to the child to be away from the custodial parent for a period of time.
So I think this is just a get back tactic. I have also found out that it is to visit her sister who lives out there.
don''t I feel silly now
thanks for reply to my post anyway.

rubytuesday. So if he doesn''t give consent she can take her anyway. After speaking to him, I think he should let her go as it is to see her sister.

So what he really needs to address is the question of overnights? Maybe some a discussion to draw up some sort of plan For the future?

It sounds as if ‘someone’ has been reading Penelope Leach’s dangerous book on Family Breakdown which advises against overnight staying based on now-discredited research by Jenny McIntosh in Australia. Little and often is the usual advice for contact with very young children and there is absolutely no evidence that overnight stays are harmful. Indeed, the reverse is true: the longer an arrangement is allowed to continue with no overnight stays, the less likely it is that a proper relationship will eventually develop.