Family law solicitor, Alex Jury, discusses the issues surrounding divorced or separated parents, and taking children on holiday abroad.
With the summer holidays almost upon us, divorced or separated parents may start to consider the question of what happens if they or their ex-partner would like to take the children abroad.
There is a lot to consider when booking a holiday at the best of times; where shall we go, when shall we go, what type of holiday shall we have, how much is it going to cost? Organising a holiday as a separated parent and having to liaise and consider the other parent can be complicated.
It is recommended to try and plan arrangements well in advance. Try to discuss matters amicably with the other parent to ensure the children get to spend time with both parents over the summer period.
If you wish to take the children abroad on holiday you will need the permission of each person with parental responsibility which usually means the other parent. You cannot take children out the country without either the written consent of every person who has parental responsibility of the child or the consent of the Court.
This means that if you wish to take your children on holiday and the other parent does not give that consent you will not be able to take them unless one of the following applies:
If you do not have the other parent’s consent, you can make an application for a Specific Issue Order 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 is 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. In previous cases, objections have been around:
In some instances, there are concerns that the holiday is a ruse for abducting the child. For the court to consider this, there would need to be a very clear identifiable concern.
If the child is taken out of the country without the required legal permissions, this could constitute an offense of child abduction. Even if consent is not required, it is advisable to notify the other parent of your holiday plans.
In some instances, a parent may refuse to hand over the child’s passport. In this instance, an application to the Family Court may be needed to facilitate the delivery of the passport to the holidaying parent.
If your surname is different from your child then it would be sensible to ensure you travel with documentation to confirm your relationship with the child i.e. the child’s birth certificate. In addition, 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.
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, which may take several months.
The family solicitors at Holmes & Hills offer a one hour fixed fee initial appointment to discuss any legal matter relating to child arrangements. This time allows you to explain to your solicitor your current situation. Your solicitor will provide you with initial family law advice and advise the steps and options available to you.
Call us on 01206 593933 today to speak with one of our family law team.
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