With the school holidays now underway, one of the most common concerns for separated parents is the issue of taking children on holiday.
One common circumstance is a situation in which one parent wishes to take the children abroad, but the other parent does not agree.
This blog will explore the circumstances in which you may need your ex-partner’s permission to take the children abroad, and what can be done in the event that their permission is not forthcoming.
Does the other parent have parental responsibility?
One of the key factors in determining whether you need to ask your ex-partner’s permission to take the children abroad is whether your ex-partner has Parental Responsibility.
Parental Responsibility is the right to make decisions about a child’s upbringing, including important issues relating to education, medical treatment and travel.
Mothers automatically hold Parental Responsibility. Fathers don’t and will only have Parental Responsibility if:
- they were married to the mother at the time of the child’s birth or after;
- their name is on the birth certificate;
- a Parental Responsibility order has been granted by the Court;
- the parties have entered into a Parental Responsibility Agreement;
- there is a Child Arrangements Order in place specifying that the child lives with the father.
If your ex-partner does not have Parental Responsibility, their permission is not required for you to take a child abroad.
What happens if we both have Parental Responsibility?
If both you and your ex-partner share Parental Responsibility for a child and the there is no Child Arrangements Order in place, the consent of both parents will be needed to take the child abroad.
It is good practice to ensure that you have this consent set out clearly in writing.
What if we do have a Child Arrangements Order?
If you have previously been to Court and there is a Child Arrangements Order in place, this should specifically set out what the position is in relation to either parent taking the child abroad. If you are still unsure, you should take independent legal advice.
What happens if my ex-partner won’t agree to me taking my child abroad?
If you need the permission of the other parent to take your child abroad and they are refusing to provide this, a mediator may be able to help you both in reaching an agreement.
If that doesn’t work, you should seek legal advice as an application to the Court for a Specific Issue Order may be required – for this reason, it is always a good idea to address the issue of holidays in good time.
When considering an application for a Specific Issue Order, the Court will consider whether the holiday is in the best interests of the child. If successful, you will be able to take the child abroad despite the other parent saying no.
Get in touch
If you require advice or assistance in relation to taking your child abroad, please contact Kennedy Langley on 01562 820181.
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