Can I stop my ex taking my son away at Christmas?

November 19, 2011

Myself and my now ex-partner split up 4 months ago 2 months after our son was born. She and my son were living in my house and decided to leave me. This was the right decision for both me and her but since we have split my ex has made it increasingly more difficult for me to see my son. Just constantly moving dates and cancelling pre-organised times which I was meant to have him.

The latest is that she says she is going away for christmas and new year on her own with our son! (for 3 weeks!). This seems strange because she is not visiting family or freinds and will not tell me where she is planning on going. I do not seem to be able to get any sense out of her and am extremely worried about her state of mind! Even her friends think it is unusual and she is not making any sense.

My question is, is there anything I can do to stop her from taking my son away? What entitlement do I have to see my son over this three week period? and what advice would you give for the future in formalising my access to my son?

Many thanks for your help


  • terry norris says:

    your situation mirrors mine,my wife left me when my daughter was 3,we had only been married for 9months..she was talking about moving to germany to live with her lover and take my daughter.inbetween she was always taking trips there.I was told that she can take my daughter out of the country for up to 31 days before having to return.I was also told that she didnt need my permission since we were both her blood parents..neither one or the other had to give the other permission to take her out of the country.So I see nothing you can do short term.And cant see why you posted your problem on here? The csa dont care where or who or nothing about the welfare of the kids..they are only interested in getting as much money out of a NRP as possible…thats why they are hated so much..they are assholes believe me and if I were you ,id prey your ex dont get these animals involved ? cause if she does…you are screwed mate. The bottom line is…your ex is doing nothing wrong in taking your daughter away for 3 weeks unless you can prove she is unstable or ill in the head,then the childs welfare will be taken into account and whats best for her.
    good luck seeing your daughter

  • terry norris says:

    Sorry Ben
    YOUR SON I mean

  • Mick says:

    Unless your ex has a residency order signed by a judge, you have an equal right under the law to see your child or indeed even have custody ( providing of course you are registered on you childs birth certificate as the father. Until such time as a residency order is obtained there shouldnt be anything to stop you from going to see your son or even taking him away from her while she is away on her holiday. My advice to you however is to get legal advice from a familly law solicitor just to be on the safe side. The advice i gave aboive was from a duty officer in a plice station. If you have received no such notification of a reidency order being put in place. Exercise your rights!

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