What happens if my ex doesn’t want to let me take the children out of the country on holiday?

Are you dreaming of a white Christmas? Are you longing for a trip out of the country to visit beloved family, to take a much-needed break, or even to expose your child to different cultures and experiences? There should be no reason why you can’t take your minor child with you, right?

Sadly divorced parents may disagree on many things. Sometimes it’s minor issues. For instance, which shoes the child should wear. At other times it’s more serious and exhausting issues. For instance, which school the child should attend. What if one parent wants to take the child overseas on holiday while the other refuses to give consent?

Whatever you do – no matter how tempting – don’t take your child out of the country without the necessary legal permission. This is called international child abduction or kidnapping. It is a serious offence with dire consequences.

So, what do you do when your ex is saying “NO WAY” to your much-anticipated travel plans?

What Can Be Done If Consent Is Refused?

• I strongly recommend you consult with a well-informed family law attorney as soon as possible.
  For starters, your child will need a passport and the Law requires both parents to consent to this. Even if your child already has a passport, you need the consent of the other parent to travel out of the country with your child. The only exception to this would be if a court decides otherwise.
• In short, you will need to get a court order.
  To ensure that you get to go, you will need professional advice on your situation. An attorney will put your case together and make an Application to court for an order to dispense with the requirement of consent.The Application will be made to the High Court where the child resides. The High Court will listen to why you want to travel, and also to the reasons the other parent won’t to grant permission.Should your Application be successful, the Court Order must be shown to the Department of Home Affairs when applying for a passport and when leaving the country. The Officials will comply with the Order.

  The Court Order can also be shown to the officials overseas should they want to know where the consent of the other parent is.

If you are needing assistance in this matter, contact us at info@diffordunderwood.co.za