Parental Rights

[galladon]

My husband and I are separated and going through divorce proceedings. Does he have the right to apply for a passport and take my children abroad without my knowledge?

[Kathyan]

I don't know if things have changed, but when I divorced my first husband there was a clause in the children's part that said he couldn't take them out of the country without my permission.

[Ethel]

Are they his children too?

[galladon]

Yes, they are both his too.

[seatrout]

You were married they are his children and he has exactly the same legal rights (and responsibilities) as you.

For the sake of your children dont fight with each other over holidays, access and the like - all it will serve to do is hurt your children as they struggle with trying trying to please both of you

[galladon]

Sorry if I haven't made it clear, I would never cause trouble about him taking them on holiday, although I do think I have a right to be informed about it beforehand. The problem I have is that he has always told me if we ever split up, he would go abroad somewhere to live and as I've heard he is doing so and that he has applied for passports for the children, I'm worried about what he might be up to. He won't give me any information and they can't tell me anything. I have made an appointment to see my solicitor, but I just wondered if anyone had any idea of my/his rights in the meantime.