in the divorce papers it say whom does the child live with,, the answer is me the mother, so does that mean i have a readiace order.i want to take my 5 year old to disneyland pairs for 4 days do i need my ex husband written permission, he has parental respoisabilty
Province/Country relating to question : staffordhire
Hi thank you for your question I will assist you with this, but would like you to provide explain the situation a little clearer.
Is the divorce final? Does your husband have set contact with your child? Does the document you have define that your child resides with you? Or are you referring to the statement of arrangements for children which is filed?
yes divotce is finaildied no my ex doesant have set hours and we would be away in the week which she has alwayd been with me in the week. ex gets weekend hours and its the statment off argenment of children as we both agreed that my daughter would live with me
Whilst it is always preferable to obtain consent from the father, you do not need his permission as you can take your child on holiday out of the country for up to 4 weeks without his permission. If he wanted to try and prevent this his would have to apply to court for a prohibited steps order to prevent you going abroad.
The court would only really consider this if there was a risk of you not returning with your child.
If you have any further questions, please ask. I will be going offline shortly but will be back on tomorrow.
thank u so very much. x this is a weight offf my mind
HiI am afraid that the form that you filled in was just the Statement of Arrangements for Children and unless you had separate proceedings in court regarding where the child should live then no you do not have a Residence Order and no you are not allowed to remove the child from England and Wales without either the agreement of the father or an order from the court.Having said that the father would have little sympathy from the court if he tried to prevent the holiday - but that does not change the fact that legally his consent is required.Claire
so now i have two differant answers.. so ive paid for flalse information. which is it. and is it written permistion or verbel t
HiYou can read more about it herehttp://www.sydneymitchell.co.uk/news/legal-implications-taking-children-abroad-if-you-are-separatedYour husband has Parental Responsibility because you were married.There is no Residence Order as frankly you would know if you had been to Court and got one.The permission can be verbal or written - if it is verbal write him a brief note and thank him and keep a copy of the noteClaire
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