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Can ex stop child from attending a school trip overseas solely for spite

Eldest child is in high school and is studying Italian with the hope of going on a school study trip to Italy and Europe for 10 days at the end of year 10.

Ex-husband is saying that the child wont be able to go on the Italy trip because he wont consent to her leaving the country. He currently has her passport and wont hand it over voluntarily.

Ex-husband is trying to get the child to come and live with him and with all his material promises, I'm worried that the lack of this trip will push her to say she wants to live with him (because he is saying he will take her to Italy instead of her going with the school)

What can I do? It is not like I am trying to take her out of the country - it is a school trip.

He has taken the children on an overseas holiday before so he has their passports.

Should I get the chld to find her passport next access visit and bring it back so that I hold the passport? (This is a last resort- I dont want to involve her in it but ex is putting her in the middle with his talk of her not going)

Can he stop her going just out of spite?

How long would it take to gain permission from a court for her to go? I would hate her to miss out on the trip because of red tape.

I was told that I cant stop him taking the children out of the country now that I have signed for their passports - so he is free to go overseas with them on holidays whenever he wants

If I have her passport is that any advantage - or can he stop her going anyway?
My understanding is your child will need permission from both parents before leaving the country. The fact you agreed to a passort is only that, a passport, not permission to take the children out of the country without your permission. You could say you ex is threatening to take your child out of the country without your permission (possible child abduction). This is taken seriously by the courts and you can also request the return of the passport.
BusyBee2009 said
This is taken seriously by the courts and you can also request the return of the passport.
 

It is also possible that the courts retain the passport and an airport watch be ordered, then the child will miss out all together!

This may have a significant impact on the parents relationship with their child..

Think about the long term, not here and now.

I reckon that if one parent objects to the overseas school trip, the courts won't permit the trip. Safety is paramount.

Moderator Note
This was posted by 'Isy' who for some reason was posting as a guest.
Most situations where court orders exist, allow for the parent who has the child in their contact time to make the decisions and simply to advise the other of intended trip, duration and contact phone and address details. In most situations there is no requirement to get consent or "permission" although most parents usually work out that a trip , such as this, is in the child's best interests and should go ahead and therefore communicate intelligently about such things. Usually most parents would do everything they can to facilitate such a trip and there are many kids who would give anything to go on such an educationally fulfilling trip with their class mates. At that age Who wants to go with parents when you can go with class mates?

It looks like this is an ideal opportunity for the child and should the matter be taken to any court then the outcome would be obvious. Court is the last resort here and should not really be anywhere near the top of the resolve list.. You did not say if you actually had any court orders in place and that would probably determine one pathway. I would immediately be in touch with the school Headmaster or Master/Teacher who is preparing the trip and explain the situation and let them make contact with the other parent. I would find it hard to believe that any reasonable parent, that was really interested in the child's education, would refuse such an approach. teh outcome of that would help if teh matter had to go further.

Any court action would take some time as you need to do some PDR first at the FRC (Family Relationship Centres) or approved mediation centre. This will take some time probably between 5 weeks and 5 months at least in some cases. From then you might get before a Federal Magistrate fairly quickly within say 3 or 4 weeks.

The suggestion by a poster, that this is a child abduction is absurd based on what we have been told here. A trip of this type suggests the child is serious about languages and there is only one place to polish up on a language and that is in a country that speaks that language.

Your suggestion to get the child to locate the passport will bring a lot of angst in this issue and the child would not be "trusted" at the other parents home so not a good idea in my view.

Would a "clip around the ear" from the Headmaster help knock some sense into what needs to be done here… I would pin my money on the School Headmaster and Trip coordinator to resolve this issue first. One might say "grow up" and parent properly here if one was allowed to take such liberties. Keep us informed and I hope this is resolved for your daughter's sake early on so she is not "wondering" up until the 11th hour and 59th minute.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Guest said
I reckon that if one parent objects to the overseas school trip, the courts won't permit the trip. Safety is paramount.
Safety is paramount? GIVE ME A BREAK! Are you really serious in relation to this topic ? (I await a moderator beating me up for this one liner)


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Well the last time I heard of a parent refusal for a student overseas trip was based on safety concerns.

If two consents are needed then it could be thatone parent desires more info from the school. Note that permanent injury whilst in school based care has never been as prevalent as it is today, it appears.

The topic did say in relation to a spiteful refusal, which, unless about to be mediated which can take many forms including increasing parental information, is obviously the realm of a court, in which I would prefer to see a history of spite put forward.

Note that a lad died not long ago whilst in the care of scotch college and an army cadet regiment, because of a failure to adminster the same level of care whilst on a trip as had been administered at the school.

Parental concerns should not be automatically considered as spiteful, and as we know warring parents can have their own individual perceptions.
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