Hi all,
I think I have a tricky situation about to occur. I have a court agreement and see my kids quite a bit. My eldest child who just turned ten mentioned to me that they are going on holiday next week and going on a plane for the first time. It is in our court order that we both have to seek permission to take the children over seas and she has not done so. Do I mention this before they fly out this weekend or should I let her do it and report the breach? I am tired of her antics over this, but I feel the court won't do anything any way, will they?
Hi,
It may not be a breach, depends on wording of your order:
You can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can’t.
Is she taking them away during your contact with them. If she is I’d definitely be saying something. How long is she going away for, normally if it’s a week then she should be able to just go, common decency would make you think she would let you know. But I’d be thinking other way round and I wouldn’t want to be telling my ex every time I go on holiday, home or abroad. I doubt the courts would do anything either. Why not give your kids some spending money and tell them to have great time. And/ Or you could let her know you that you know, remind her what the court order says about seeking permission. Tell her on this occasion you won’t be reporting the breach to the courts, but you do want her to tell you where they are going. At least then you’d have something in writing in case she ever breaks the court order again.
@bill337 thanks, the court order states that we both have to get permission from each other to take them overseas.
@warhammer Yeah, I don't want to be a [censored], but she has been a pain about this for years. She had breached the order before by refusing contact, when I reported that, the judge allowed me to get more time with the kids and got a variation of the order, he did ask if my ex should be punished for it, I wanted to say yes, but I said no.
It clearly states in the order that both of us have to ask each other permission to take them abroad, I do worry though, she lost my eldest daughter when they went to Butlins last year, she is still traumatized about it now, if I lost my kid on holiday, my ex would never let me see them again.
My court date just arrived middle of May. CAFCASS doing safeguarding first.
im hoping to get a variation on the current order, I’d like residency, it’s good to read you got more contact. My ex things she’s in control of everything including me. She gets away with loads of stuff. She recently signed a declaration that I was in agreement with something, which I was not. I let the company know this and they just said we don’t get involved in disputes between parents. So unfair on fathers.