Taking your child abroad if you’re separated.
As the summer holidays approach, you might be thinking of going on holiday abroad with your child. Firstly, it is important to consider whether you will need to obtain the consent of the child’s other parent, or anyone else with parental responsibility, before you book and trip off!
Who has parental responsibility? Let’s break it down…
If both parents have parental responsibility and there are no Child Arrangements Orders, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or any other party with parental responsibility. If consent is refused, an application to the Court will need to be made for permission. The Court’s primary consideration is whether travelling abroad would be in the child’s best interests taking into account the case specific circumstances.
A person with a Child Arrangements Order that provides for a child to live with them, can take a child abroad for up to a month without the written consent of the other parent. However, it is still advisable to agree the arrangements in advance, if consent is unreasonably withheld then an application may be made to the Court.
If the mother alone has parental responsibility and there are no Child Arrangement Orders concerning the child, permission is not strictly needed by her to take a child abroad on holiday. However, again it is advisable to reach agreement with the other parent.
In almost all cases it is best to agree holiday or similar arrangements in advance to avoid misunderstandings, problems with contact, accusations of abduction and other applications to the Court.
For further advice, contact our specialist team on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
