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Travel overseas

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Irish View Drop Down
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Location: Australia
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Topic: Travel overseas
    Posted: 09/September/2017 at 10:47
Partner has been asking to take his 10yo son to uk for last 5 years.
Ex always has a reason why she says no.
Partners mum is unwell and won't be able to travel here and we have the opportunity to go over in the school holidays for 17 days. His mum is as usual Coming up with blockers for why he shouldn't go.
Today she mentioned that they are planning on going to the USA fora holiday next year but she won't let us take him to the uk to visit family.
He has a passport that we got for him for a previous trip that she put a stop to.
It's probably a bit late to go to court to get an order for us to bring him so if there anyway we can stop her from going to the USA next year and use it for bargaining?
E.g can we put a stop to their travel if they won't agree to ours. It might sound petty but it's our last resort really and my partners son hasn't met most of his family yet.
Also if she agrees we want to have it in writing so there's no chance of cancelling.

smurfergirl View Drop Down
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  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 09/September/2017 at 12:40
I think the best thing to do is to go to file for emergency orders.

Do you currently have any in place?

Irish View Drop Down
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 10/September/2017 at 21:05
Nothing in place through the courts. He just never wants to rock the boat. Does my head in.
Son was really keen to come to the uk but She's got in sons head and now he doesn't want to travel for more than a week. Doesn't really work when your doing overseas and my partner doesn't want to force him to come with us. So guess the decision is made for him not coming with us.
Just have to see about them going overseas for a month next year. Not sur what to do about that.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 11/September/2017 at 11:34
Does the kid have a passport? IF so who has the passport in their possession? Who applied for the passport?

So IF no passport? Dear ex, you have expressed a desire to take child to the USA next year. We would like to take the child to the UK. A passport will be required for both trips. Please be advised that we will pay for the passport and do all the necessary paper work to get the passport. We will agree for your travel plans only if you agree to ours.

Kind Regards

IF mum has a passport then things get messy... AND it depends on how hard you wanna push...

Irish View Drop Down
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 13/September/2017 at 11:40
I organised the passport last year when my partners grandma (sons great grandma who he hadn't met) was ill and we wanted to bring him back. ex signed all the paperwork. i paid for it and then as soon as the passport arrived she said no to the trip. she withheld son until the passport was given to her so he did. son didnt get to meet her before she died.

so now the passport is in her possession.

So son said he didnt want to go for more than a week. my partner said look that wont work so its a no go. she has since talked to son and now he is keen to go for two weeks again. she has stipulations of course like she wants to drop him to the airport and im sure there will be more. its sad that all it takes is a good word from mum to change a childs mind so easily and if she had done this from the start it would have reduced the stress.

now we have to hope it happens.

emca, he doesnt want to do court because he thinks that he will be alienated from his son if he does. cant seem to change his mind but if this trip doesnt happen, maybe it will be the push he needs. fingers crossed anyway.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 13/September/2017 at 19:27
ok so lie through your teeth, lie like you're Ian Pasely...

tell her the flights leave at 3pm.... when they leave at 9pm..
Tell her that you need his luggage 2 days before so you can make sure it is ok... Do everything you can...

Do everything you can to give yourself confidence she will play nice...

I spent a week in a family villa in Brisbane - ON MY OWN... I didn't bother going to wet and wild world ON MY OWN with the tickets I'd pre-booked before going....

OR be realistic here... Given the recent history, why bother... she will fcuk you around. Better bet?
Call passports - tell them the passport has been lost. - IT HAS....

Then inform her that you have lost the passport and informed the passport mob as such.... Ask her if she would like to organise a new passport (at your expense) with the passport to be sent to your address... go on dare ya.

BUGGER - there is a problem... FROM memory - the passport will get sent to the kid's primary residence - so if you get a new passport it will be sent to her.

Irish View Drop Down
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2017 at 08:56
I already told him I want to get the bag packed early so we can go through it.. He doesn't need 32kg and we always bring stuff back so i want a small amount packed (he will get lots of cold weather clothes from our family in the UK anyway) and then we can use the rest of the space for other stuff.
If there is a cancellation last minute after everything has been agrees, he will be going to the police to have the passport held there so son wont be able to leave the country for anyone's holidays..

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2017 at 17:34
Originally posted by Irish


If there is a cancellation last minute after everything has been agrees, he will be going to the police to have the passport held there so son wont be able to leave the country for anyone's holidays..

Unfortunately local police are powerless in these situations. Only avenue is via the Australian Federal Police family law watch list, & the AFP require a court order to do so... Have a read of the following link that provides a thorough explanation & the process involved...

AFP Family Law Kit

It actually appears that his ex may have engineered the situation that provided the boys passport that then conveniently ended up in her possession,... If so you may be dealing with someone that can only be bought to reason via an order that grounds the child for everyone until an agreement on travel can be reached..
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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