Can he stop our daughter from going on holiday?

A G

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.

cinnaamon_kiss_x

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

mystery_girl

What is the real reason that your husband not allow that?

Charlene

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.

SnoddersB

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.

buggerlugs

he can try to stop u through the courts but its unlikely hell succeed as long as you have no intention to stay there forever

Emily Hobhouse

I don't think he could stop you but he could certainly make life difficult for you. My ex husband did this kind of thing. So I would advise you to see a solictor and get it in writing, rather than face hassles at the airport - as I did.

garysoliman

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

monkeyface

Get in touch with your lawyer or whoever has a copy of the custody agreement. They will be better able to help you with the legalities of this question.

witchfromoz2003

You should seek legal advice on this matter as different laws for different countries.I
know Australian Law allows father to stop it as my son had to do it.

nkellingley@btinternet.com

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.

Hallber

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.

smurfette_au2000

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.

Rag Doll X

Let her go, He has no right to do that. My dad drinks a lot also and ofte says things like that.

pig m

No he can't stop you.If you was going to live in another country he could go to court to stop this but ashe is an alcoholic the daughters welfare would be taken into consideration.

Lawyer

Get a good solicitor and kick his a**!!! He cannot do this, but he might delay the holiday

reggie

Don't bother telling him, either that or buy him a few slabs of beer and he'll be too drunk to know she's gone....just enough for him to be sober on her return.....don't forget the postcard though!

Jay

Aslong as you have parental custody then no he can't

helen

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!!

ronscott1951

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.

Sharon 2

If he has full custody of her then he could stop her, but if its shared custody then he cant. See your lawyer.

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