Holiday Question

[horselady]

Quick question if anyone can help. Daughter's partner left her and the children a few years ago, there is no contact with the children at all (his choice). If she wants to take them abroad on holiday does she need his permission to take them out of the country? They are aged 12 and 14.

[bednobs]

does he have parental responsibility?

[bednobs]

does she have a residence order?

[ummmm]

No. She can take them on holiday.

How would he know anyway?

[horselady]

He is named on the birth certificates and pays maintenance so I assume that means he has parental responsibility, just made the choice not to see them again once he left, lots of heartache as you can imagine.

[ummmm]

They are allowed to go on holiday. They couldn't permanently leave the country though.

[ummmm]

Date might be wrong but any child born after 2003 has automatic parental responsibility.

[horselady]

Thanks Ummmm, oldest was born 2004 so that would apply. Thanks both of you for your help.

[ummmm]

No judge in this land would refuse children having a week/two week holiday.

Tell your daughter to book it and have a lovely time.

[Baldric]

13:33 ^^ Reported as Spam

[horselady]

Ooh!! Thanks Baldrick ;-))

[horselady]

Sorry Baldric spelt your name wrong.

[Buenchico]

If the father has parental responsibility then it's a criminal offence for the mother to take the children out of the country (even for a day trip) unless:
(a) the mother has a residence order (in which case she can take them out of the country for up to a month); OR
(b) she genuinely believes that the husband would have given his consent AND she has taken all reasonable steps to communicate with him.

https://www.legislation.gov.uk/ukpga/1984/37/section/1

[ummmm]

Chris.. .you don't have children....so get off Google!!

[calmck]

If the children live with the mother and there is no physical contact with the father then the mother must be the" custodial parent." As such she has the right total them on holiday. If they are 'wards of court" thence has to apply to that court to take them on holiday abroad

[ladybirder]

Ummmm why are you being so rude to Chris telling him what to do. He posted a valid post, as usual.