There is a Child Arrangement Order specifying that the child should live with one parent. SPL can only be taken by employees. This includes attending mediation (in some cases, such as those involving domestic abuse, this won’t be necessary). When the case comes to court, the judge or magistrates will have expected you to have exhausted all options to agree arrangements amongst yourselves. If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. Grandparents taking grandchildren on foreign holidays . You should be aware that when a father does not have parental responsibility, the mother does not have to consult with him when making decisions for a child or when removing the child from the jurisdiction (taking them outside England and Wales, whether on a temporary or permanent basis). Fathers can also get Parental Responsibility through a Parental Responsibility Agreement. You can also take paternity leave when you adopt a child. **Where the parent with whom the child lives does not have a residence order, he or she can take the child on holiday, but should inform the non-resident parent that he or she intends to do so. As a father living in the UK you are entitled to a say in the care of your children. If there are no orders in place or you are the one who has the order your permission must be sought. If this is the case, the specified parent can take the child abroad for up to 28 days without the consent of the other parent; or; There is an order from the court granting permission for the child to be taken abroad. Holiday travel There may be orders preventing children from leaving a particular state or territory, even on holiday. A lot of Dads are now going to court by them selfs as its very expensive to use a solicitor and in April 2013 all legal aid will stop. Fathers automatically have rights as well as the mother and neither parent can take the child out of the UK without consent from parties involved IE the other parent or court order. Good luck Sou See our information page on Parental Responsibility for further details. An important part of identifying what you can do to recover your child is understanding who has parental responsibility. A common question I get asked during the divorce process from worried dads is: what rights does a father have to see his child? It can be a big thing thinking about and organising taking your child abroad, especially if you’re in the process of separating or are separated. Even without parental rights it doesn't mean the father can't take the child on holiday. A mother can take a child out of the UK without a father’s permission if the father does not have Parental Responsibility. The time they now have to spend together will have to be worked out again. Therefore, grandparents or other parties will not be expected to uphold their obligations if their health is at risk. Child Arrangement Orders can be varied if it poses a risk to either the child or another person. You can take SPL if you are the mother, father or the mother’s spouse or partner, including civil partners and same sex partners. However if the father has made an application for parental responsibility and/or leave to make the application, the mother should not take the child out of the jurisdiction until the matter has been determined by a Court. Who is a Guardian? However, parents must not stop or interfere with the other parent's rights or responsibilities under the parenting order. Other things to consider for parenting orders The law does not require a parent to see their child. It cost £200 to go to court for a defined contact order and this may be the way you will need to go as this then hopefully stops the mother controlling you. Where they are separated, neither the mother nor the father has the sole right to determine how their child is to be cared for. In situations where a mother stops a father from seeing his child, it is important for both parties to know their legal rights for it to be resolved in the best way possible for the child. Fathers married to the birth mother prior to the child being born; Unmarried fathers who are registered on the child’s birth certificate on or after 1 December 2003; and; Civil partners and partners of birth mothers registered as the child’s legal parent on the birth certificate. Fathers and the law. You have to take paternity leave in a block of 1 or 2 weeks. The third party should communicate this clearly with the parents and then the parents will need to discuss alternative arrangements. (For more information on breaches of child arrangement orders please see our article ‘ Child arrangements order breach: enforcing your rights ‘) so it could be potentially risky taking that child abroad. If you’re a baby’s father or the mother’s partner you’re entitled to 1 or 2 weeks of paternity leave when you and your partner have a baby. Abduction where a child is taken overseas without the other parents consent—this may be a criminal offence under UK law. If you didn’t make the terms of your children’s living arrangements legally binding when you separated, through a Child Arrangement Order, then you will only have the right to decided where they live if you have Parental Responsibility. However, Parental Responsibility does not give an automatic right to contact. Unfortunately, for your Ex-Partner, this may mean that it will now be difficult to spend the same amount of time with them but that will not stop you from moving. 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