Family holidays can be an exciting opportunity to create lasting memories with your child. However, if you are separated or divorced, there are important legal considerations to be aware of before booking the holiday. Understanding the current rules can help avoid any unnecessary complications and ensure your holiday runs smoothly.
Key Takeaways
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Consent is essential: If both parents have parental responsibility, you generally need the other parent’s consent before taking a child abroad, unless a child arrangements order allows otherwise.
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Court orders matter: A child arrangements order may permit travel for up to 28 days, but longer trips or restrictions in the order require agreement or court approval.
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Plan ahead and seek advice: If consent cannot be reached, a specific issues order may be needed, and early legal advice can help avoid disputes and protect the child’s best interests. Howell Jones is a team of award-winning Surrey solicitors with the expertise to help.
Who Do I Need Permission From?
If both parents share parental responsibility, you will need their consent before taking your child abroad. Both parents usually hold parental responsibility, although in some cases, others may also have it.
It can be classed as child abduction if you travel with your child without the necessary consent, even if you had no intention of doing anything wrong.
What if a Court Order Is in Place?
A child arrangements order allows a parent to take their child abroad for up to 28 days without needing the other parent’s consent. However, there are specific requirements in the order which may restrict this.
If there is either no order in place or you would like to take your child on holiday for longer than 28 days, you will need to obtain the other parent’s agreement or permission from the court.
What if the Other Parent Will Not Agree to the Holiday?
You will need to apply for a specific issues order for the court to approve the holiday, if an agreement cannot be reached with the other parent.
The court will consider whether the holiday is in the child’s best interest, considering various factors such as:
- The length of the trip
- The destination and any risks involved
- The child’s relationship with both parents
- The practical arrangements for travel and return
To avoid any potential disputes, the holiday should be thoroughly planned to provide as much information as possible. You should be open with the other parent and provide them with your contact details for when you are abroad. If any agreement is reached, it is practical to have it in writing, as this avoids any ambiguity and disagreements in the future.
Seek Legal Advice With Howell Jones
Holidays should be an enjoyable and relaxing experience for you and your child. However, separated parents need to be aware of the legal frameworks regarding travel. Gaining legal advice can be beneficial if an agreement cannot be reached, as this can prevent further conflict and ensure your child’s interests are protected throughout.
At Howell Jones Surrey solicitors, our Surrey family law team can advise you on your options if you are planning on travelling abroad with your child. Please contact us 0800 011 9813 if you would like expert legal advice.
