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 – particularly with the weather in this country being rather disappointing so far this year!
As a separated parent can I take my child away on holiday?
Parental Responsibility provides parents with the responsibility of making 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 without the written consent of the other parent. If you already have a Child Arrangements Order in place, then the position is 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.
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. If you do not have a Court Order, then obtaining legal advice at the earliest opportunity should be considered. Any agreement should not be unreasonably withheld, and a holiday abroad is usually a very positive event and in the best interests of the child. If an agreement cannot be reached between the parents, either parent can apply to the Court.
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. 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?
It is still a requirement to obtain permission from 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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.