Do I need permission to take my child on holiday abroad?

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:

• you have a Child Arrangements Order confirming the children live with you; or
• you have a Court Order giving consent.

If you have a Child Arrangements Order confirming the children live with you, you are entitled to take the children out of the country for a period of less than one 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 jurisdiction.

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 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.

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.

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 advice with regard to the law and advise the steps and options available to you.