Is my ex entitled to take my son away for three weeks over Christmas?

Question: I split up from my partner about six months ago. At the time, my son was only a few months old. Since then things have been difficult. I do see my son, but my ex-partner does not always stick to the pre-arranged times. This is very worrying, but my most pressing concern comes from the fact that she wants to take my son away for three weeks over Christmas. She will not tell me where she is taking him and I know she is not planning to visit friends or family this Christmas. The way she is behaving does not make sense, and she has been behaving erratically for a while. Even her friends do not think her state of mind is good.

Is there any way I can stop her from taking my son away for three weeks? Does the fact it is over Christmas make any difference? Do I have any special rights for visitation at Christmas? Lastly, how can I improve access to my young son and formalise things?

Answer: If your ex partner does not have a legal residency order that a judge has signed you have equal rights to see your child. Under the law, you have the same right of custody as the mother. You can have your son live with you, and you are well within your rights to say that you want your son to stay with you while she is away.

However, just because you have the right to do this does not mean that you should automatically do so. You need to think about all of the consequences of taking or not taking this approach and make as rationale a decision as possible.

It is wise to take proper legal advice from a legal professional who specialises in family law before taking action in this situation. The legal team at Hylton Potts has the necessary experience. We can be contacted on our free telephone helpline – 020 7381 8111. We are also contactable around the clock via email at [email protected].