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jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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I have separated from my Wife and we both have Parental responsibility 11 year old

Customer Question

I have separated from my Wife and we both have Parental responsibility for our 11 year old daughter. I wish to take her abroad for a week in August to my new Partner in Canada. I have previously taken her with my Ex signing the correct letter to allow her to travel with me.
My Ex has now decided that as a picture of my Daughter appeared on Facebook without her consent, that she will not sign the letter for the August trip
My question is, if I go to Court to obtain a Court Order to Travel, is my Ex able to prevent them granting that, or is it a formality?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  jusleen replied 2 years ago.
Hi it would be advisable not to book tickets without the court's permission. It is never just a formality when it comes to courts making orders unless in certain circumstances where done by the parties giving consent. Whether or not permission is granted would depend on what allegations the mother makes to support her reasons for preventing you from going. Normally it would have to be her raising risk issues or alleging the child will not be returned. From what you say it is unlikely permission wil be withheld especially as mother has consented in the past. Is there likely to be a suggestion that you intend to move to Canada as your partner lives there and her concern you would want to relocate with your daughter? If so, then the matter would have to be listed for a contest if you dispute this then your case wil not resolve before August. I hope this assists. Please rate my answer and if you wish to carry on follow up dialogue you wil not be charged further for this.
Customer: replied 2 years ago.
The issue is I have already booked the tickets, as it was approved by my Ex partner previously, it is only now that she has changed her mind.
I will relocate to Canada eventually however I have made it explicitly clear that I would not look to relocate my daughter with me.
Sadly I think I will have to either appeal to her better nature, or simply not take my daughter with me and lose out on £1000 worth of tickets, as the flight is on the 7th August and I feel any contest on her part will result in an unresolvable delay
Thank you for your assistance
Expert:  jusleen replied 2 years ago.
Hi if she has already consented to the trip for 7 August and now refusing which has resulted in you booking flights then you may not end up with a contest. You might want to threaten making an application to court and seeking costs against her. I hope this assists. Kind regards