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Ex wife (now divorced) refuses to let me take my 2x boys 6 & 7yrs away on holiday (UK or Abroad), but has her week abroad with the children.
What can be done about this? any help appreciated.
Hi Welcome along.
What contact agreement do you have in place at the moment?
and how was your contact agreed?
Darren
I believe if you have PR you do not need permission within the jurisdiction of England and Wales but anywhere else you should have written permission. Obviously within your contact time that has been agreed.
Someone can correct me if I'm wrong.
hi, we have a verbal contact agreement.
I collect boys from School 3.30pm Tuesday, dinner, home by 7pm.
Collect from school Friday 3.30pm, Dinner, overnight stay, lunch dinner home by 7pm Saturday evening.
Ex Wife takes eldest boy to football every Saturday and Sunday 9.30am - 12.30pm. which is a pain as I dont actually get a full day with him. 🙁
not ideal. But the football thing messes it all up.
Ok thanks for that,
If she won't agree to you taking him away I would sugest you see if the 2 of you can discuss it further through mediation, As far as I am aware there are no restrictions on where you go or stay when you have your children though out of courtesy i'd always mention that you wouldn't be staying at your home if you plan to go any where else.
do you get any additional time in school holidays?
Hi fatherof2,
When are you planning on taking your holiday?
Have you read the C100 Guide at the top, my last post?
If you are taking your children away, you must have the express (written) permission from the other parent and they need to have express permission from you too if the holiday is anywhere oversea's (Non-UK).
Your holidays, do not need to be arranged in your time with your children and it is reasonable to request holiday time in addition to your usual time.
If your holiday is fairly soon please post back and i'll give some advice on the best course of action to take 🙂
I tried ages ago to get her to attend mediation & she refused to go. I then went through the solicitors as well on a mediation refferal and she still refused. I ended up paying £25 for a certificate from the mediator to confirm in writting my ex-wife refuses to attend mediation.
In regards to the comment of 'written express permission from either party' well, this bares no relevance to her, as she books the holiday tells me 2wks before and just goes... How can you control that??? She has the passports...
If i were to lets say 'you're not taking the kids away unless i am allowed to do the same' she will use that as ammunition in front of the boys to turn them against me'... ie 'Dad's not letting us have our holiday this year boys'... She does this with child maintenance 'asks in front of the boys for additional' making me look bad if i don't cough up, even though i give extra for their outside activities anyway.
Hi There,
If mediation has been tried before and from what you say she wouldn't go again, I would send her a message either e-mail or txt (something you have record of) asking her to attend again, if she won't then court may be your best option, there is a good guide on how to represent yourself which keeps cost down.
Darren
Darren thanks, i was hoping there was another way, but by the sound of it not.
Where can i find the guide you mention please./
follow the links below, the first is a guide on how to apply and the second on is the guide to representing yourself in court
http://www.dadtalk.co.uk/forum/legal-eagle/10062-contact-order-c100-guide
http://www.dadtalk.co.uk/forum/legal-eagle/10255-guide-to-representing-yourself-in-court
when applying it may be worth apply for a full contact order to include regular contact as well as extra time in school holidays and famly holidays.
I would recomend using court as the last resort if you are able as it isn't a quick fix, if you are able to use mediation again this may get there quicker, that said though getting a court order does give you a solid contact order and a way of ensuring it is stuck too.
Darren
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