Planning a holiday with your child can lead to complications when the other parent doesn't agree. However, just because your child's other parent hasn't consented, doesn't mean you have to cancel your holiday plans just yet.
Do You Have a Child Arrangement Order?
If a child arrangements order prohibits holidays without permission from those with parental responsibility, then you are not allowed to take your child on holiday if the other parent doesn't agree.
Parental Responsibility (PR) is the right of each parent to have a say in important decisions affecting their child, including holiday plans. All those with parental responsibility must agree to the holiday, otherwise you could be in danger of committing an offence. However, this right is limited.
Who has Parental Responsibility?
- Mothers will always have PR; and
- Fathers, if married to the child's mother and listed on their birth certificate OR
- Unmarried fathers who registered the birth of the child (from 1/12/2003), or who have a PR agreement with the mother, or a PR order from the court; and
- Anyone else who has a PR order.
Consent is not usually required when the planned holiday is within the UK.
If you have a child arrangements order which states that the child lives with you, then you are allowed to take the child on holiday for 28 days, even where their other parent refuses to give consent.
Things to do/consider if you're planning a holiday:
- Ask your child's other parent for their consent before you book the trip.
- If they say no, attempt to resolve the issue through mediation or negotiation.
- If they then agree to the trip, ask for a letter of consent that you can present to the authorities at the airport if asked.
- If they don't agree, apply to the court for a Specific Issue Order. The application will likely succeed if the trip is found to be in your child's best interests. Whether or not the court finds that the trip is in your child's best interests will depend on all the circumstances of the case, including the age of the child, and the destination in circumstances where the country is deemed unsafe or there is a perceived risk that the child may not be returned to the UK after the holiday.
What Happens if You Decide to Go on Holiday Without Permission?
Simply put, this could be considered child abduction as per the Child Abduction Act 1984. Child abduction is defined as an individual taking a child away from their country of habitual residence without the necessary permission. This is a criminal offence and could result in imprisonment.
If your child's other parent suspects that you may be planning to go on holiday without their permission, they could make an application to the court for a Prohibited Steps Order. Such an order would prevent you from taking your child on the planned trip. If you are in doubt about your position, please contact us to speak to a member of our Family Team. We will review your circumstances and assist you in taking the necessary steps to ensure your holiday can go ahead as planned.
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.