Many families choose to spend their annual holiday abroad, seeking warmer climes and a change of scenery. Whilst this can be a fun adventure for a family who live together, where the parents have separated there are additional issues which the parents will need to consider.
If you are planning a trip abroad with your child/children who are aged under 16 then you must obtain permission from every person who has Parental Responsibility for the child/children who you wish to take on holiday. If you fail to obtain consent then you may be accused of Child Abduction.
A letter from the person with Parental responsibility may be sufficient but it is always appropriate to check with your travel company whether they have any specific requirements especially if visas are required for part of the trip.
If your surname is different from your child then it would also be sensible to ensure that you travel with documentation to confirm your relationship with the child i.e. the child’s birth certificate. Also, if as a result of a divorce you have a different surname from your child then consider taking your Decree Absolute or a certified copy as evidence.
If a Child Arrangements Order is already in place concerning the child/children then the parent in whose favour the order has been made may take the children abroad for 28 days without first having to obtain permission unless the court order states otherwise. Even if consent is not required it would be advisable to notify the other parent of your plans
If the other parent with Parental responsibility is unwilling to provide their consent then it will be necessary to make an application to the local family court for a Specific Issue Order for permission to take the child abroad. Before you make the application you will need to consider mediation.
You will need to ensure that you make this application well in advance of your trip as it may take several months for the court to determine the application.
There may also be issues if the parent who wishes to travel overseas is not in possession of the child's passport. Again , if the parent in possession of the passport refuses to hand the passport to the other parent then an order will be needed from the Family Court for the passports to be delivered to the other parent.
There are several issues that need be considered in advance of booking the trip. If you need advice on taking children on holiday or any other matter relating to children or Family Law, Holmes & Hills has a team of divorce solicitors able to provide you with specialist advice and guidance.
Holmes & Hills has offices in Braintree, Sudbury, Halstead, Tiptree and Coggeshall and you can meet with an expert separation and divorce solicitor at any of these offices to get advice, face to face. Holmes & Hills Solicitors in Sudbury is also open Saturdays, 9am-1pm and you can request a Saturday appointment if you mention this is your preference when calling us. If Saturdays are not convenient, you can request an evening or early morning appointment and we will accommodate these
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