Taking Grandson On Holiday

[malagabob]

Its been over a year now since my son left his partner. He had had enough of her attitudes. And they are still at each others throats. She always had a chip on her shoulder and still does.
I have booked hotel, flights for son and grandson for a week away abroad.
His ex has the grandsons passport. After informing her of my/our intentions of taking him out of the country, could she refuse to let him go. Where do I/we stand legally.
I know her, she would refuse just to get at my son.

[NOX]

It would have been preferable to ask her first tbh, as it is she could very easily get awkward and if she is parent with care potentially stop him going.

[ummmm]

Yes, she can refuse.

[Buenchico]

I'll assume that your son has 'parental responsibility' for your grandson. He'll have that automatically if he's named on the boy's birth certificate and the child was born on or after 1st December 2003 in England or Wales. (If the birth was in Scotland then the child needs to have been born on or after 4th May 2006; for Northern Ireland the relevant date is 15th April 2002). If he does not automatically have parental responsibility then he can only have obtained it through his partner entering into a formal agreement or through a court order.

Where two people share parental responsibility for a child, the Child Abduction Act 1984 states that neither person may take the child out of the country (even for a day trip) without the consent of the other. The only exception is that where a court has granted a residence order to one of those persons, that person may take the child out of the country for up to 28 days without the consent of the other.

So, regrettably, your son's partner can refuse to allow your son to take him out of the country. If your son then seeks to take his child abroad, he risks arrest (and possible imprisonment) for a serious criminal offence.

Chris

[atalanta]

You will find, if you try to go abroad, that the authorities will be suspicious of a situation where a child is travelling with only one parent. You would probably be asked to show a letter from the other parent giving consent. A child's name may be looked up on a list of wards of court. If the child's name is found there, the father may well be arrested.
You can, however, go to court and get the child named as ward of court, and get the court's permission to take him on holiday. This will outweigh the mother's objections, but it can take ages, cause endless stress, and cost a fortune if you use solicitors. (You don't have to use solicitors, by the way.)
Perhaps the mother should just be reminded that if she does refuse the child a wonderful opportunity like this, he may not forgive her.

[ummmm]

Reading a post like the OP 'enough of her attitude' 'chip on her shoulder and still does'

I wouldn't be happy for my child to go on holiday with someone who had such a low opinion of me.