Law Question Really

[fruitsalad]

But need a quick answer, is the mother of my sons children by law allowed to take them out of the country on holiday with her new boyfriend, if my Son is not married to the mother?

[bednobs]

does he have perentl responsibility or a residence order?

[bednobs]

https://www.gov.uk/permission-take-child-abroad

[Zacs-Master]

I don't see what the boyfriend has to do with it. Your sons ex is irrelevant. What your asking is, is a single parent allowed to go abroad on holiday with her children. Strange.

[ummmm]

Yes.

[RandyMarsh]

How old is the child?

[EDDIE51]

As long as the mother has custody of the children then yes,the boyfriend has nothing to do with it. Only the mother that has the duty of care, she can go on holiday with whoever she chooses and take her child with her if she wants to.She could go on holiday with the next door neighbour or a relative or friend the answer is the same , it is only the Mother that comes into the question.

[tamborine]

Single Mother can take children anywhere with anyone.

..."children born outside of marriage, only the mother has automatic rights to guardianship. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child... "

http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/legal_guardianship_and_unmarried_couples.html

[ummmm]

Randy - it doesn't matter how old the child is or whether the child's father has parental responsibility they are allowed to go on holiday.

[ummmm]

Tambo - if a child was born after 2003 then both parents have the same rights.

[RandyMarsh]

Don't think that is right, if both parents have PR then you need the other parents authority.

[RandyMarsh]

You automatically have parental responsibility if you’re the child’s mother, but you still need the permission of anyone else with parental responsibility before you take the child abroad.

You can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can’t.

[tamborine]

Link pls ummm

[RandyMarsh]

A d*** i know stopped his son going on holiday at the airport.

[ummmm]

If you book a holiday the other parent will have to you to court to stop you and no judge will deny a child a holiday.

And why would a parent want to deny their child a holiday in the first place?

My ex didn't have parental responsibility but took our kids away every year with his GF.

[ladybirder]

From Gingerbread site:

Who automatically has parental responsibility?

The following people automatically have parental responsibility:
All birth mothers
Fathers married to the mother at the time the child was born
Fathers who are not married to the mother, but are registered on the child’s birth certificate. The registration or re-registration must have taken place after December 2003
Civil partners and partners of mothers registered as the child’s legal parent on the birth certificate.

[tamborine]

Did you agree with kids hols with dad, ummm

[ummmm]

Of course. I had their passports.

My point was why would anyone deny the kids a holiday? Unless they know something about this bloke that isn't mentioned here.

[atalanta]

If you have good reason to think the children might not come back, you could make them wards of court. However, this is a very serious business, and can be awfully expensive. If they become wards of court, their names are listed at every port and airport in case of abduction. Only the judge in the appropriate court can then give permission for them to go abroad.
But, as I said, special circumstances apply here. Such as if an abduction or secret removal has been attempted before.

[Pumbah]

Although, legally, the mother with parental responsibility can take the child abroad, she MAY be asked by the airline for written approval from the father. I seem to remember my daughter was asked for such a letter by Easyjet, when she flew from Belfast to Luton with my grandchildren. She wasn't married to the father. This was, I imagine, to protect Easyjet. Other countries may also require proof of such approval before allowing entry. I know also a mother who was asked for proof of the father's approval to take their son to the USA. The difference here was that the parents had been married but were now divorced. The important question may be whether your son has any reason to think his ex will not return with the children after the holiday.

[EDDIE51]

There could only be a problem if your son had parental responsibility and also had reason to think that the child was being taken out of the UK permanently rather than just for a holiday. As said the mother can take the child on holiday and can go with anyone she chooses. She does not need permission from the child's father just for a genuine holiday.