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Hi
I am very new to this and will try to explain as best i can. I split form my ex partner 2 years ago and am due to be married to my new girlfriend very soon. My ex presented us with numerous difficulties at the begining of the split, refusing to allow me to see my son, accusing me of being violent and of child abuse at one stage (something she was eventually disciplined by the police for as it was complete lies)
Me and my ex agreed via solicitors-but no courts were involved-that she would have our son who is now 3 mon-fri and i collect him on a fri night and myself and partner have him until Sunday evening.
There is a very long winded story regarding the different things my ex has done regarding our son but our main issue at the moment is that me and my wife are hoping to take my son on holiday in the next 18months.
I mentioned this to my ex as she keeps hold of the passport but she has advised she will not be handing these over. I have yet to get into a discussion regarding this as i would like to know my rights first?
I have PR and there are no residence orders/provisions in place regarding contact. We had an agreement which we have in writing form solicitors but as i mentioned no court orders.
Have i any legal rights at all when it comes to obtaining the passport annd taking my son away-it would simply be for a few days in europe.
Thank you for your help
Hi Stu,
Hope we can be of help 🙂
The good news is that your holiday is some time off, so i wouldn't stress about this a great deal, you have plenty of time to get things sorted.
Steps
- First thing i would do is to write formally to your ex (i wouldn't use Solicitors at this stage its just added £) saying that you are looking to take your Son on holiday at some point in [MONTH] 2013. You will therefore need the Passport returning in plenty of time of this date
Raise this at discussion/handovers etc
- If no response is received, write a second letter saying that you need an answer soon, and should this not be received within the next few months you will have to go to Court to have a Court Order set in place
Without going into information overload for you i think that's a suitable thing to do. If Court is a necessity, you would do well to have an Application made around 7-8months before you are due to go. We can provide further help on that if needs be. Hope this helps somewhat 🙂
As ever, any questions feel free to ask away
Hi
Thankyou that is a great deal of help.
I will take your advice and see what happens from there
Stu
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