Our latest Child Care blog below provides guidance on how to avoid summer holiday contact issues. This deals with those who have a Court Order in force and those who do not.
Am I allowed to take my child/children abroad?
Separated parents can legally take their child/ren abroad if: –
- You have a Court Order in place that specifically allows for that child to leave the jurisdiction; OR
- They have the consent of the other parent or anyone else with parental responsibility.
If you are concerned that a child has already left and gone abroad without your consent, you need to speak to a specialist solicitor as soon as possible for help to seek an Order and with a view to then having the child or children returned to your care at the earliest opportunity.
What is Parental Responsibility?
Parental Responsibility means: “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’”.
Who has Parental Responsibility?
- A mother automatically has parental responsibility for her child from birth.
- A father usually has parental responsibility if: –
- He is married to the child’s mother when the child was born; or
- Named on the birth certificate.
Unmarried parents
An unmarried father can get parental responsibility for his child in 1 of 3 ways:
- Jointly registering the birth of the child with the mother;
- Obtaining a parental responsibility agreement with the mother; or
- Obtaining a parental responsibility order from a Court.
Should you not have parental responsibility and require further advice, then please contact us today to arrange an appointment to discuss.
If there is a Court Order
Child Arrangements Order ‘Live With’
If you are a parent named on a Child Arrangements Order as the parent that the child lives with, you can legally take your child out of the United Kingdom for up to one month without the consent of the other parent or person with parental responsibility.
However, it is good practice for the parent to consult the other parent and obtain their consent on the same.
It is recommended that legal advice is sought should a dispute arise.
Should the other parent object, they can make an application to the Court for a Prohibited Steps Order. This Order is used to prevent a person from exercising parental responsibility to take specific action regarding a child. As such, the opposing party would be applying to the Court to forbid the travelling.
It is important to note that should an application be made to the Court, then the child’s welfare shall be the Court’s paramount consideration when making their decision. The Court will want to know the following details of the travel arrangements: –
- The destination;
- The location where the parties wish to stay;
- The duration of the holiday; and
- Any other relevant information to allow the Court to make their decision.
Generally, if the children want to go on holiday, it is likely the Court would consider a holiday with their parent to be in their best interests and the Court would not look favourably at a parent who withholds their consent without a reasonable explanation.
A Court Order whereby the parent is not named with whom the child ‘should live’
A parent who is not named in an order as the person with whom the child should ‘live with’ must seek the consent of the other parent or persons with parental responsibility before the child is taken on holiday.
It would be advisable to obtain consent in writing by way of documentary evidence as proof that all parties with parental responsibility have consented to such holiday arrangements.
An informal agreement: where there is no Court Order
If there is no existing Child Arrangements Order in place, then either parent can legally take the child abroad without the consent of the other. It is advised that consent is obtained in good time, and should any issues arise, then legal advice is sought.
Should you decide to travel and not notify the other parent/persons with parental responsibility, then you are at risk of an application being lodged by the other party for a Prohibited Steps Order which would then stop you from travelling abroad. In the worst-case scenario, an allegation of child abduction could be made.
If a holiday cannot be agreed, then as a final option, the party seeking to take the child on holiday could apply to the Court for a Specific Issues Order. This means ‘‘an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child’ i.e., whether the Court would allow you to remove the child or children from the United Kingdom for the purposes of the holiday. Again, in the event of a dispute, the Court’s paramount consideration would be what is felt in the child’s best interests.
Legal advice is advisable should you wish to make an application to the Court.
Our Recommendations
Court proceedings should be viewed as the last resort. They can be lengthy, costly and can be emotionally draining/stressful for those involved.
It is therefore in all parties’ interests to try to reach an amicable agreement. This can be sought:
- Through communication directly between the parties;
- By instructing a Solicitor to try to resolve matters through correspondence on your behalf; or
- If not possible, via attending mediation (if not exempt).
Details the other party will need before agreeing to the same is for details of:
- Flights;
- Accommodation; and
- Proposed contact with the other parent via telephone or video call whilst that child is abroad.
It is advised that:
- Consent should be obtained as soon as possible and not left until the last minute; and
- You do not book anything until an agreement is in place.
Consideration should be given to the parties’ plans and work commitments.
With the countdown on to the summer holidays, parents are advised to deal with any potential issues as soon as possible. It is vital that whilst making such arrangements, the child’s best interests should be at the forefront of the parents’ minds.
Please note, the above publication is intended for general guidance only. If you are faced with challenges over contact this summer holiday, then our team of Child Care Law Solicitors would be delighted to assist you.
Our Solicitors have longstanding experience in resolving disputes in relation to child arrangements and co-parenting.
If you need any advice or would like to arrange an appointment with one of our Solicitors, then please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk today.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
