Hi Dad,
I am completely new to this and can't quite find the right thread within which to present my question/query. I'll give it a go, here, and hopefully, it can be moved into the right thread.
I separated from my partner March 2013 and by this January, a residence order was granted in favour of my son's mother and with shared custody (half school holidays, every weekend alternate birthdays and Christmases etc). Previously, I have always travelled around Europe with my son, no more than a week at a time, and with the sole purpose of 'getting away' from the norm and enriching him with the vast wealth of knowledge that resides within neighbouring countries. My son is 8 and his mother has never made this trip with us.
Last year during the proceedings in court, a Prohibitive Steps order was put in place which prevented my son and I from making our trip last year. My son, who is 8, was very disappointed with this and has been talking up going abroad this year. I am hoping to do this in May of this year when I have him for half term. I suspect the mother will not agree to this. My question thus is this: Have I a recourse to the courts to assist in my request to travel abroad with my son? Does the mother have an absolute say in all requests for travel? Would I need to go via a solicitor to make such a request?
I am hoping for some guidance so I know what to do/expect when I do write to the mother shortly, indicating my desire to renew my bonding with my son.
The mum does not have absolute say as long as....
1. You are named on the birth cert (as this gives you shared parental responsibility with the mum).
2. Since shared care terms have now been recognised by he courts, this places you in a much stronger position than before.
You will be able to take him abroad (on holidays) for your part of the school holidays.
3. If she objects and does not provide the lads passport for example, you can refer the matter back to the courts, who would grant such a request... In you particular situation I don't think you will have big problems with the courts.
Hi there
I'm a little confused, if the mother has a residence order then you won't have been granted shared custody, it's one or the other. I think by custody you might mean you have a contact order that allows you half of the school holidays, weekends etc.
Generally speaking what you do with your son during his contact with you cannot be controlled by the mother, to go abroad you would need his passport and if she disagrees she can withhold this, therein lies the problem.
If after discussion with the mother she refuses to allow him to go on holiday abroad then you can apply to the court for a specific issue order. You would need form C100 and it will cost you £215 to submit the application...you can represent yourself or pay for a solicitor. Check out the stickys at the top of the legal eagle section where you'll find plenty of info about the court process and self representing.
Good luck
I'll go further than Mojo's post - if your ex has a residency order, then there is generally no need for the court to issue a prohibitive steps order to prevent travel abroad (unless this was issued before the residency order) as the residency order specifically prohibits the taking of the child abroad, except for a period of up to 30 days by the parent in whose favour the residence order is granted. I'm puzzled as to why there was additional need for the prohibited steps order, but on the basis that it was granted, I would expect that your ex may have a good argument against you being granted a specific issue order for this travel. You certainly can apply for the order, but I'd consider why the PSO was granted before you apply.
Yes, Mojo is right. I have contact for my Son. I had considered this as 'Shared Custody' but have sought more advise on this and my understanding is wrong. Secondly, I'll give a background to my case. My son and I are really close. We travel together once a yearand other father-son stuff. I take him to football games, homework, pick off/drop off at school, bedtime stories, bathe him etc. We had been married 10 yrs and I had always lived with him. The mother had left him uncared for shortly after our separation and I was asked to look after him while she went into hospital for a month under a health act. On her release, she went to court with an order to return him to her and this was served with a Prohibitive Steps order at the time. I did not contest it and after confirming that mother was well and help had been arranged, I withdrew my counter application for residency in December and a final order was then made in her favour.
Last year, during the court proceedings, I withdrew my request to travel with my son when the Judge asked and so it was not addressed then. I felt it would not be fair on her that I was travelling abroad with him whilst she was still recovering. However, since returning my son to her care, she has made statements about taking him abroad which does not favour my position and which is not in line with what the child wants.
I will look at the C100 form and follow this route.
Another example where father behaves reasonable/ responsible - only to be turned over by the ex - aided by court processes.
Couple of questions come to mind: -
* Why did you not apply for residency of your son when your ex was hospitalised?
* Why did you agree to a PSO & withdrew your application?
Without knowing the content of PSO I guess your ex has the passports & any travelling abroad has to be agreed by her in writing but I guess she gained the order that you are likely to abduct your child & flee abroad - given your previous activities (sorry to say this but is that how she convinced the court?)
Thanks for your response, I don't think I should ask for his consent either, but both countries require a visa...which needs his authority as far as I can tell. Just doesnt seem fair that I have to go and pay for court just to take my own child away..he wouldn't know we were even gone, he doesn't care, he's ignoring the requests for authority for the visa purely to make my life and my sons life difficult
Unless you have previously been to court and were granted an order that stated the child is to reside with you then you will need the fathers permission before taking the child out of the country.
You find yourself in the same position that many dads find themselves in when a mother, for no good reason, prevents a father from spending quality time with his child on holiday!
Having to pay to apply to the court to do this doesn't seem fair does it....welcome to dads world.