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Kidnap

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petesgrayz | 12:56 Mon 16th Feb 2009 | Law
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My son is going through a divorce. He is trying to keep it as amicable as possible. He sees his son twice a week Sunday and Thursday.
He found out this morning that his ex has taken his son to Dubai for a holiday with her new man.
Is this breaking the law.
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It would only be against the law if the mother did not have custody of the child, or if there is a coult order preventing the child being taken out of the country.
Your son has equal parental responsibility and he must give consent before the child is taken abroad. To take the child out of the country without his consent is illegal.

However, if your son refuses consent, the mother can apply to the court.

If the mother has a Residence Order then it is not illegal to take the child abroad for up to four weeks without obtaining the father's consent.

Ethel always knows :o) I just wanted to add that if he's trying to keep things amicable it might be best not to accuse her of kidnap as the title of your question states.
Kidnap??? A bit over the top when you say later its a holiday!
Yeah, "kidnap" is a rather harsh word to use at this stage.

BUT. Too often, unfortunately, one of the parents does a runner with a child & the other parent never sees them again. Well until adulthood when they might go looking for the other parent. And depending on what information has been given to them regarding the other parent.

But "petesgrayz", don't stress right now. Think positive & hope your grandson is having a brilliant time on holiday, and how much he will have to tell you when he gets home!
Hi all :-)

I'd say let them get on with it, after all if your gran child is at an age where he/she knows whats going on then maybe it would be nice for him/her to have a break from it all!
can i just add, if your son was to take his son out of the country on a holiday without the mother knowing (whilst in fathers care), he would be accused of KIDNAP, all hell would probably break loose, and he would probably be arrested at the airport,,.

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