As we step into Spring, many of us start thinking about booking a summer holiday abroad. There is a lot to consider when booking a holiday at the best of times; where shall we go, how much is it going to cost? Organising a holiday as a separated parent and having to liaise and consider the other parent can make things even more complicated.
My advice, as a specialist Family Law solicitor at Holmes & Hills, is to try and plan arrangements well in advance. Discuss matters with your ex-partner in an amicable fashion to ensure the children get to spend time with both of you over the summer period. If you wish to take the children on holiday abroad, you will need the permission of each person with parental responsibility, which usually means the other parent. If you wish to take your children out of the country, you must have either the written consent of every person who has parental responsibility of the child, or the consent of the Court.
In the event your ex-partner does not grant consent take your children abroad on holiday, you will not be able to take them unless:-
(i) you have a Child Arrangements Order confirming the children live with you; or
(ii) you have a Court Order giving consent.
If you have a Child Arrangements Order confirming the children live with you, you are able to take your children abroad, but for no longer than a month without the other parent’s consent. The parent without the Court Order will still need the consent of the other parent to take the children out of the country.
If you do not have the other parent’s consent you can make an application to the Court. When considering an application, a Judge will consider what is in the best interests of the children and this will be the Court’s paramount concern. Generally the Courts are unlikely to prevent a child from going on holiday with a parent as a holiday is, on the face of it, usually an enjoyable experience and in the children’s best interests.
An objecting parent would need to provide very good reasons as to why a holiday was not in the child’s best interests.
By planning the holiday early you can give the other parent lots of notice so they can make their own arrangements to spend time with the children. If a holiday is likely to be a contentious issue there is time for the parents to be able to seek legal advice and seek to resolve the issue or in a worse case scenario, make an application to the Court.
If you need advice on whether you can take your children out of the country, call Holmes & Hills Solicitors on 01376 320456 and arrange to speak to one of their specialist Family Law solicitors.
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