As the school summer holidays approach, many parents may be looking to take their children away for a break. This may be within the UK, or abroad.
As a separated parent can I take my child away on holiday?
Parental Responsibility provides parents with the responsibility of making and sharing all the important decisions in their child’s life. You will have parental responsibility for your child where you were married when the child was born and always for unmarried mothers. For unmarried fathers they will have parental responsibility if they are named on the birth certificate for any child born after 1 December 2003. If you do not have parental responsibility, we can advise you on whether you can obtain this.
If both parents have parental responsibility and there are no Court Orders in place, then neither parent is allowed to take the child out of the UK on holiday without the written consent of the other parent. If you already have a Child Arrangements Order in place, then the position may be different.
If you have a ‘Live With’ Order saying the child lives with you (formerly called a Residence Order), then you can take the child abroad for a period of up to 28 days without the other parent’s permission although it is still advisable to let the other parent know of your travel plans.
What do I do if the other parent won’t agree to allowing the child to go away on holiday?
If you have a ‘Live With’ Order, then you do not require the permission of the other parent for any holidays abroad, as long as the holiday is for no longer than 28 days.
In all other cases, you should consider taking legal advice at the earliest opportunity to ensure that you get the best chance to go on the planned holiday.
A holiday abroad is usually a very positive event and considered to be in the best interests of the child. If the other parent does not consent to the travel, with no reasonable explanation, then a court application will need to be made for a Specific Issue Order.
What do I do if an agreement was made but the other parent has now changed their mind?
If there is no Court Order in place, then you will need to consider making an urgent application to the Court to deal with the holiday arrangements. The courts are usually able to deal with these sorts of matters on an urgent basis, if the planned holiday is coming up.
It is best to get any agreement in writing between you so that you can provide evidence of the agreement to the Court if needed.
If we have an agreement between us, what information should we provide to the other parent?
It is best to provide the other parent with full details of your holiday, including where you are staying, dates, flight times (if applicable) and emergency contact details.
It is also helpful to agree any phone/video contact between the child and the other parent whilst they are away. This can help facilitate an agreement and allay any concerns of the other parent knowing they can speak with the child during the holiday.
Is the advice any different for taking my child away on holiday in the UK?
An agreement should still be reached with the other parent to take a child away on holiday in the UK. This is particularly important if the holiday will affect agreed (or ordered) contact time with the other parent. For example, if an agreement is not sought, the other parent could refuse to handover the child for the holiday. Again, it is important to provide the other parent with full details of the holiday and agree any video/phone contact between them and the child during the holiday.
How Ellisons can help
It is very important to obtain legal advice at the earliest opportunity, so that all eventualities can be considered and precautionary measures can be put in place. It is also vitally important to ensure that the correct procedure is complied with, and correct reference made to the relevant law. Our Family Team offer a free exploratory call so that we can match your specific needs with the right person in our family team. For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.
