When a separated parent takes their child on holiday abroad

By Melissa Gire, Associate Solicitor in the Family & Matrimonial team

Are you a separated parent planning to take your child on holiday abroad this summer? If so, it is important to consider whether you need to get consent from the other child’s parent before doing so. Taking a child abroad without permission is child abduction, so you must be clear on the legal position.

When there is no court order

The consent of every person with parental responsibility (PR) is required before taking a child outside of the jurisdiction of England and Wales. A child’s mother always has PR. A child’s father or second parent may have PR.

When there is a court order

Any person who has a Child Arrangements Order in their favour which includes an order that the child lives with them can take the child out of the jurisdiction for up to 28 days at a time. The court can also make a Prohibited Steps Order or Specific Issue Order that addresses the issue of holidays, so you must ensure that you understand any provisions.

Obtain permission from everyone with PR

A letter from the person with PR for the child is usually enough to show that you have permission to take them abroad. It is also helpful to have evidence of your relationship with the child, e.g. a divorce or marriage certificate if your family name is different from the child’s.

If consent to go on holiday is refused

You can ask the court for permission to remove the child from the jurisdiction for a holiday. The welfare of the child is the court’s paramount consideration and the court generally considers holidays to be in the child’s best interests as long as there is no genuine reason for the other person with PR’s opposition and all necessary safeguards are in place.

Make sure you check the requirements in your destination country, as it may have its own laws when travelling with a child.

If you wish to discuss this further, please do not hesitate to contact Melissa Gire on email: meg@cooperburnett.com or tel: 01892 515022

This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.

This blog was originally published in the Tunbridge Wells Business Magazine: https://twbusinessmagazine.com