No Child Arrangement Order

I divorced post 2014 new divorce laws. My ex used a solicitor but at no stage asked for contact with our children. My solicitor said that as my ex does not want any contact with the children, I will be regarded as the custodial parent and there is no need to go to court for a child arrangement order. I have no contact with my ex and vice versa. I with the help of my family worker and child councellor make all decisions including holidays and I take them abroad - if I was to ask his permission he would say ''no'' just to spite the kids. He has disowned his kids and his employer takes child maintence out of his wages by order of CSA/DEO. My solicitor drafted a letter stating that as the father does not want contact with the children, there is no need in England/Wales post 2014 divorce act to apply for a child arrangement order and that I am considered the custodial parent. I always take this letter with me when I go on holiday with the children.

Why is such a letter required? Do you have a different surname to your children? I have taken my daughter on holiday alone without having a letter from her father and have never had a problem.
There was no question in your post by the way?

I have the same surname as my children. Do you have a child arrangement order or pre 2014 residence order? if so, you are allowed to take your child abroad without absent parent consent for up to 28 days. If you have these orders then the absent parent does not have to give permission for the child to go abroad. My question is, as I do not have a child arrangement order as it is not required due to absent parent not wanting contact, do I need his permission to take the children abroad for a 2 week holiday? That is why my solicitor drew up the letter to state that I was the custodial parent and neither me, or the children ever see him.

It isn''t a Child Arrangement Order you need to worry about. Under s1 Child Abduction Act 1984 it is a criminal offence to take children abroad without consent from all those with Parental Responsibility for a child or permission from the court. The exceptions are if there is a residence order or child arrangement order in your favour, there is evidence that it was reasonable for you to believe consent would be given if asked or you have made attempts to trace your ex unsuccessfully.

Clearly going abroad on the usual family for a couple of weeks once or twice a week isn''t international child abduction but if abduction was alleged the authorities wouldn''t know that until investigations are carried out. That means there could be last minute court hearings, delays leaving the ports or your holidays could be disrupted by visits from the authorities abroad. Also some counties won''t admit children travelling with one parent unless there is written consent from the other parent or a court order.

If you can''t obtain consent from your ex you apply to court for a Specific Issue Order to grant you permission to take the children abroad. See;

www.gov.uk/permission-take-child-abroad

I would just add that a solicitor''s letter carries no legal status or authority; only a court order can do that.

Thanks for your advice on this matter. I''ve read the link and it looks like I have to apply for permission from the court everytime I take the children on holiday. Problem is the ex is transient, never staying in one place for any period of time and if I have to go to court every year for permission for a 2 week holiday it will be very costly. I actually envy parents who have shared custody of their kids as all children should enjoy the love from both parents, my children miss out having a father and some of the posts I read on here make me so angry, if only you knew how lucky you were, squabbling about who picks who up from school etc is petty - try walking in my shoes for a day. I do appreciate your help and big thanks to all.

You don''t have to make an application each and every time, you could make a "blanket" application, that permits you to take the children out of the jurisdiction for family holidays until they are 16.