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Stuart J
Stuart J, Solicitor
Category: UK Law
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Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello Mr Denning, is it correct that a sixteen year old can

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Hello Mr Denning, is it correct that a sixteen year old can travel where ever they wish. For example, can my son be prevented from travelling to Southern Africa to see his grand dad even if his mother does not want him to?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

That is generally correct. What exactly is who trying to do or stop and why? Thanks

Customer: replied 1 year ago.

My ex wife is trying to stop me from taking the children to see their grand father (recently widowed) in Namibia. As Namibia is not part of the Hague Convention on child abduction she is claiming there is a risk. This despite having agreed in Court to a two week holiday at Easter 2014. She insists my father has to travel to South Africa. In the event that she is successful on the 11th I might take my son next October and leave my daughter who will be 10 here in the UK for the holiday.

 

RGH

Expert:  Stuart J replied 1 year ago.
So it isnt he principle it is the country which is the issue? is that it?
Customer: replied 1 year ago.

Yes that is correct

Expert:  Stuart J replied 1 year ago.
The courts are reluctant to get involved once children reach 16. However, parental responsibility, finishes at aged 18. And before that both parents need consent before any trip like this is undertaken. Parental responsibility ends once a child gets married.
In this particular case, the court would be unlikely to grant the application if it was simply a trip abroad on holiday.
However, it appears that your ex-wife is raising genuine concerns not over the trip, but the location and hence the child’s welfare. I think you would need to prove to the court that your wife’s fears were unfounded.
What the mother is failing to grasp of course, is that if the child wants to make this trip, is that she will alienate herself
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20634
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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PGD Law. 20 years legal profession, 6 as partner in High Street practice