I have booked a two weeks holiday to florida for me and my family, but my estranged husband is saying he will not allow our daughter to leave the country. Can he do this according to English Law?
2006-07-29 22:33:50 · 21 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The real reason is because he is an alcoholic who drinks 16 - 18 cans of beer a day, and because we are going through a nasty break up he doesn't want her to go on holiday
2006-07-29 22:38:01 · update #1
No, if you were taking her out of the country for four weeks or more, you would need his permission as he holds parental responsibility for her.
2006-07-29 22:45:46 · answer #1 · answered by A G 4 · 0⤊ 0⤋
My ex tried to do that when I took my daughter to Brazil. The advice I was given..although see a solicitor would be best..is..I presume he has parental responsibility as you were married. I was told if this is the case you can take her out the country for no longer then 3 months without his permission. Anything less then that you do not need his permission for if you have custody of your daughter. If he believes you will not be returning with her or fears for her safety then he could get an emergancy protection order that will make you go to court and they will then decide whether you can go or not. The trouble with this I believe is that he can call you into court and you may miss your flight. As I say this is the advice I was given, but I think to be safe you should see a solicitor.
I hope you have a good holiday!!
2006-07-29 22:41:22 · answer #2 · answered by helen 1 · 0⤊ 0⤋
It depends. If you are an American and he is English, he may well be able to stop you taking her out of the country, especially if he suspects you will not bring her back. If you are all British born, then he should not be able to stop you taking her on holiday - but whether you can or can't take her depends on the terms of your custody agreement.
If there is nothing in your custody agreement about holidays, I recommend you get the court's permission (as a matter of urgency) in order to take her out of the country without problems. When you return from holiday, think about applying for a variation of the custody agreement to agree foreign holidays, etc from now on. I would also appeal to your estranged husband not to punish your daughter because your marriage is ending in acrimony. At the end of the day, that isn't her fault and she should not be missing out on culturally broadening experiences like foreign holidays because her mum and dad aren't getting along.
2006-07-29 22:51:40 · answer #3 · answered by Hallber 5 · 0⤊ 0⤋
Hi I'm Garry,
Australian laws are almost exactly the same as English laws.
The answer is yes if he notifies the authorities.
The only way you can find out is at the airport as she will be listed.
Not a nice way to find out then again it's a chance you can take, then agaiiin if he is a real "beeep" then just convince him that she won't be going so he doesn't notify the authorities and then just go on your holiday, I'm getting the image here that he is a real "beeep" so anyway the answer is yes he can stop her from flying out with you if she is under 18.
Hope of been of some help here.
Simply wishing you the best of luck,
Garry
2006-07-29 22:47:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In America, the parent would just go into the county clerk at the court house in town, and assure them it is just a vacation, and the child will return within a time limit. I'm not sure about English laws, but I would think it would be similar. Good luck, and thanks for the question, it reminds me when I had to get permission to take my daughter somewhere special, and now, in her life, those were special times.
2006-07-29 22:39:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you are not divorced then hes can only advise that he is not in favour, the case would be looked on as a family dispute and that would be an end to it. However if you are divorced and he has visiting rights he may be able to stop you through the courts, however if your daughter wishes to go and he stops her I would not like his chances if he requires your daughter's opinion as to visiting rights.
2006-07-30 05:18:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you have custody of her, then no I don't think he can stop you from taking her on holiday. I'm sure another carton of beer will shut him the hell up. He doesn't care where she is, he just wants to pretend that he has some interest in her.
2006-07-29 23:22:54 · answer #7 · answered by smurfette_au2000 5 · 0⤊ 0⤋
If you have the child's passport then you can take her. He will have to get a court order which will take time and money (on his part). I can't see how a court would stop you going on a family holiday though.
2006-07-29 22:40:00 · answer #8 · answered by Charlene 2 · 0⤊ 0⤋
No, if you have custody of the children then he can't stop you from taking them on holiday unless he has a court order to do so or it breaches the terms of any custody agreement you may have.
2006-07-29 22:37:31 · answer #9 · answered by nkellingley@btinternet.com 5 · 0⤊ 0⤋
Honey it depends was there a marriage/div. than u have to go get permission from a judge usually by writing the friend of the court.
If not than u most certainly are allowed to.You are going on vacation there is absolutely nothing he can do.Than just go and enjoy........ Been there done it
2006-07-29 22:37:53 · answer #10 · answered by cinnaamon_kiss_x 2 · 0⤊ 0⤋