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I am taking the kids to Australia for 5 weeks over Christmas, I have already paid for the tickets and my ex has now said he will getting an injuction to stop me taking the kids??? my dad who lived with us died last month and a holiday is just what me and the kids need, we went last after my divorce 3 years ago to be near my family. He didn't mind that time because he thought he would be in prison at the time but ended up getting off with it. since we split he has been on over 20 holidays (in 3 and half years) including Portugal for the football, dubai, caymen islands and many others, me and the kids have been to Oz and Majorca once and to my dads caravan in yorkshire.

I think he is a selfish pig

what do you think?? and can he stop me taking the kids?????

2007-09-30 02:52:57 · 16 answers · asked by Cindy 2 in Family & Relationships Marriage & Divorce

'#1 2pac fan' I am not a pig, my ex was supposed to have them last year on Boxing day and he told my son who was 12 that he couldn't come because his solicitor said it would be illegal for him to come on boxing day???? my son was 13 last week and my ex sent him a card?? not a call or visit??

2007-09-30 03:01:27 · update #1

deere535 I know i should have discussed it with him first but he doesn't answer my calls, and thinks i will discuss at 4am when he calls drunk?
I booked the hol a coupld of days after my dads funeral and wasn't thinking straight and it was my sons idea to go for xmas and i said what about your dad and he said well where is he now??
He had them for 2 weeks at the end of july didn't take them over the doorstop my died while they were there, he brought them home and then took himself to portugal again on the day of the funeral and they have not heard from him now since 12 august??

2007-09-30 03:04:50 · update #2

16 answers

You do need his permission to take them out of the country for more than two weeks, I believe. I do think he is being selfish too. Does he not realise that preventing this holiday is punishing his own children? Use that line with him to see if he changes his attitude.

Too many people after splitting with a partner would rather try to hurt their ex without considering the feelings of the children involved.

2007-09-30 02:55:36 · answer #1 · answered by Rolsy 7 · 4 0

I think he may have grounds to be upset - not about you going on holiday but he may have fears that you will not return! I'm afraid I stopped my son's dad from taking him on holiday once - he had threatened not to bring him back so I was terrified. My son only got a passport last year and the passport office was alerted to the fact that there was an abduction risk. Anyway, your ex doesn't sound very reliable and certainly knows how to be good to himself. If he refuses to speak to you, can I suggest you send a kindly letter (and by that I mean not hurling accusations) and explain that you and the children really need this holiday and could he find it in him just to let you go and enjoy it. If this doesn't work, I suggest you go to a solicitor and see how you stand legally. And, as a last resort, a wacky idea that might just swing it, ask you ex if he would like to come to Australia too - organise accommodation near to where you will be and that way he can share the Christmas fun with his kids. He might not go for it but if you ask him, he may be rather flattered and then relent. It might be worth a go. Whatever you do, refrain from criticising him or making accusations - even if you have to bite your tongue half off. Its only making matters worse and it clearly isn't bothering him what you think or say. Try a new tactic of nicey, nicey and see if it works. Good luck.

2007-09-30 03:31:12 · answer #2 · answered by AUNTY EM 6 · 0 0

Seek legal advice about this one. If you have return tickets it is unlikely you can be stopped bringing the children here to Australia. You also need to know that Australia does honour another countries child custody orders and will not interfere with them unless it can be proven the children are at risk of harm in some way or another from the non-custodial parent.
It seems to me that you and the father need to try and work out some amicable ground rules re the children if possible. If not, then have them set in law so that if questions are asked later on by the children you can show you tried. Most important of all don't make excuses for their father or bad mouth him. It will only come back to bite you later on.
Hope you do make it for a holiday our weather is very hot usually around December/January.

2007-09-30 03:25:25 · answer #3 · answered by sag_kat2chat 4 · 0 0

he cant stop you unless he issues port alerts and gets a prohibited steps order against you ( based on you indicating you intend to emigrate). Perhaps he is scared of that since your family are there, but unless he is on legal aid, it will cost him many thousands of pounds.
Even if he has a set contact order and half the holidays, it wont change anything unless you make a habit of breaking the court order.
The best advice i can give is that you go for 5 weeks then just apologise and explain the mitigating reasons if it is brought up in court after you return. thats what i would do

2007-09-30 07:14:59 · answer #4 · answered by mybeach 2 · 1 0

whats wrong with you the lass wants to take the kids on holiday. i had a similar situation a few years ago where the dad of my step children said the little girl could not go because she wet the bed and it was ok for the step son to go. both your partners point and my ex parners point are pathetic

2007-09-30 06:55:32 · answer #5 · answered by Dave P 3 · 0 0

Tell him to go whistle! Take the kids on holiday and stuff him. He didn't think about the effect going in the nick would have on the kids did he? Let him waste his money on an injunction. No judge will stop you taking the kids on holiday.

2007-09-30 04:59:28 · answer #6 · answered by KAT 2 · 2 0

Pretty sure you need his permission but what a shame a father would take away from his children for his own infantile reasons - selfish, self-centered (fill in the blank).
It is so sad that people behave in this manner. Good Luck.

2007-09-30 03:10:17 · answer #7 · answered by Choqs 6 · 2 0

without courtroom order or custody association he has no say the place you're taking your son. He might attempt canceling the holiday however using fact it is in his call, so be arranged for that.

2016-10-20 09:03:14 · answer #8 · answered by ? 4 · 0 0

why wouldn't u have talked this over with him before you bought tickets?? communication its a must even after the divorce -- always have to deal with each other when there are kids involved no matter how much you don't like it

2007-09-30 03:00:49 · answer #9 · answered by deere535 2 · 0 0

why would he want to stop the kids from having a holiday.??
go to the citizens advice bureau

2007-09-30 02:56:59 · answer #10 · answered by Anonymous · 3 0

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