Hi

Im looking for a divorce lawyer in London. I have been going through a seperation with my husband, we are looking to go for a divorce. My children are living with me at the moment, and they see their father once a week. Im hoping to take them on holiday soon but the father doesnt
like the idea.

I will need assistance on the divorce, but i want to know what are my rights to take my children abroad and as i own a house and i live in his house with the children, i want to know what can be done to record the financial agreement before the divorce? And what are my legal rights in respect of children including right to take them abroad. Also what are your legal fees to help with the divorce?

Regards,

D

Areas of Expertise: 

Public Answer: 

Thank you for your enquiry. 

In respect of taking your children abroad, if you have no child arrangement order in place or any other restrictions in place, and assuming that both you and your husband have parental responsibility, neither of you can take the children on holiday outside the United Kingdom without the written consent of the other parent. If your husband refuses to give consent then you will need to make the necessary application to the Courts for permission to be granted. 

 
If however you do have a Child Arrangement order and you have in fact been granted "residency" you are able to take your children abroad for upto a month without the written consent of your husband.
 
If your husband does not have parental responsibility, and no child arrangement order is in place, then permission is not strictly needed by him  to take the children abroad.  However this does not prevent your husband without parental responsibility to apply to the Courts to obtain parental responsibility and then objecting to the children being taken abroad. 
 
It would be advisable to seek his consent before you do go abroad otherwise you face being accused of child abduction. 
 
In respect of your query of your financial agreement being recorded before you commence divorce Proceedings, an agreement about the Finances can be made either through mediation or through solicitors once full and frank disclosure has been given by both you and your husband about what assets and capital you have. The agreement itself can be approved by the Court as part of the divorce proceedings but it is sensible to start thinking about a financial agreement before the divorce

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Family Law Solicitors. Please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.

We look forward to hearing back from you soon.

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