help - I want 2 take kids 2 see their grandparents

Hello,
I wonder if there is anyone out there that can give me some advice.
My parents live in Spain and I would really like to take my 2 children out there to visit them this year.

I divorced my husband a year ago, and he has let me take the kids (both under 4) out to see them two times last year.
But he is now refusing me permission to take them out of the country unless I agree to his 'conditions'.
My solicitor at the time advised him that it was not acceptable for him to try to control me in this way but he takes no notice.
I am representing myself as I cannot afford a solicitor. It doesn't help that he hasn't paid a penny in child maintenance since he left !

I have heard that I can take it to court to get court to decide whether I can take them out of the country (on what they would class as a holiday).
Can anyone advise me on what I need to do and whether I am likely to be successful ?
I had hoped that with the financials now settled, and a big wadge of money now in his back pocket, he would leave us alone, but it looks like he could play this game with me for the next 10 years or so !? What right does he have to stop the kids from seeing their grandparents ?

Thank you for reading my rant :0)

Hi

It is usually a fairly straightforwards process - you apply to the court for a "specific issue order" and unless your ex can show a pretty convincing "risk of flight" (ie you not coming back) then the holiday is unlikely to be refused.

The alternative is more longwinded and would involve you applying for a residence order, which gives you more control over certain areas and means you can take LO's abroad within hague convention countries for upto 4 weeks without permission. A residence order is not a given though, your ex could counter apply for a shared residence order and if money is an issue the first option might be better.

SM

So you have the divorce and ancillary relief done. Presume there r no other court orders?

Going abroad on holiday for up to one month once or twice a year isn't at all unreasonable and unless there is some other issue you should have no difficulty being granted permission from the court.

Form C100 and guides CB1 and CB2 to apply for a specific issue order are available to download from HMCourts website. After you complete the form you send it to court along with a fee of £175.

Thanks for the quick reply everyone.

There are no other issues/court orders and I do not have a residence order. I think that a residency order would be a better option as I really do not want to go 'cap in hand' to my ex every time I want to see my parents. My solicitor of the time advised that I could not go for a residency order as the court will not issue an order to confirm what is already in place. ie it is only if my ex wants residency that it can be brought up. Is this right ?

It's looking favourable then if I apply to the court for permission to go this time.

Would they issue a general order so that I can take them to see their grandparents in Spain whenever I want to, do you think ? Or will I have to take it to court each time I want to go?

Thanks again :0)

The courts have a no order principle so a residence order is only usually awarded when it isn't possible for a child to live with the other parent for some reason or another.

Strictly speaking you don't need permission to go abroad for a holiday when it is a reasonable thing to do, but it is better to apply for a SIO rather than risk the hassle of H applying for a prohibited steps order to prevent you leaving the jurisdiction at the last moment.

You could always ask the court for permission to go abroad for a couple of weeks every summer, or twice a year or whatever. Of course there must be time for the Father to have regular contact and take them on holiday too.

thanks Fiona, he has them Sat/Sun alternate weekends and is taking them on holiday to Weymouth for a week next month.
He refused me permission to take them to see their grandparents in the same conversation that I allowed him to take them away on holiday !
He said that if my parents want to see the kids they can come over here. And that if I want to take the kids on holiday I can do so in the UK ! I cant afford to holiday in the UK. If we visit my parents they pay for everything.

If I complete the relevant forms etc for a SIO do I have to attend court or is it all done in correspondance ?

Thanks :0)