Divorced and separated parents hoping to take their children abroad this half term are being urged to get familiar with their legal rights and what steps they need to take with their ex-partner before they travel.
Family law expert, Kennedy Langley, from mfg Solicitors said one of the most common concerns for separated parents was taking their children on holiday without permission from their former partner.
Ms Langley, a solicitor within mfg’s Family Division, said a key factor in determining whether an ex-partner’s permission was required for a child to travel was whether they have legal Parental Responsibility - the right to make decisions about a child’s upbringing, including education, medical treatment and travel.
Under UK law, mothers automatically hold Parental Responsibility, but fathers don’t unless they were married to the mother at the time of the child’s birth or their name is on the birth certificate. Other considerations include if a Parental Responsibility Order has been granted by the court, if the parties have entered into a Parental Responsibility Agreement, or there is a Child Arrangements Order in place specifying that the child lives with the father.
Ms Langley said: “If your ex-partner does not have Parental Responsibility, their permission is not required for you to take a child abroad. However, if both you and your ex-partner share Parental Responsibility for a child and there is no Child Arrangements Order in place, the consent of both parents will be needed. It is good practice to ensure that you have this consent set out clearly in writing.”
She is urging parents to take expert legal advice if they are unsure about the terms set out in any Child Arrangement Order previously granted by the Court, or if one parent is refusing a child’s permission to travel.
She added: “A mediator may be able to help in reaching an agreement if one parent refuses permission, but if that doesn’t work, you should seek legal advice as an application to the court for a Specific Issue Order may be required.
“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.
"For this reason, it is always a good idea to address the issue of holidays in good time.”
If you require advice or assistance in relation to taking your child abroad, please contact Kennedy Langley on 01562 820181.
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