Laura Jones, Trainee Solicitor in the Family Department at Rowlinsons Solicitors discusses this question.
With the Summer Holidays approaching many separated parents are looking to take the children away on holiday as they are a great way to facilitate quality time and provide some much needed down time for all. It is however important to obtain permission from everyone with parental responsibility for a child before taking them abroad. A mother automatically has parental responsibility of a child, and the father acquires this if he is either on the birth certificate, married to the mother at the time the child is born or by an order of the court. Providing that this permission is given, you are then able to take the child away on holiday and to ensure that there are no difficulties, it may be worth obtaining a letter from the non-travelling parent to confirm that they consent to the same, particularly if the children have a different surname to you. It is also good practise to keep the other parent informed of any holiday arrangements including details of flights, accommodation and the length of time you are to be away for.
If the non-travelling parent is not willing to provide their permission for the child to be taken abroad on holiday, then it may be that this can be discussed further through mediation in the first instance. If this does not prove successful, then the other option available would be to apply to the court for a specific issue order whereby the court would be asked to determine if the travel is in the child’s best interests, which is the courts paramount concern. The court will also consider the level of involvement each parent has in the child’s life, the impact of the holiday on the child, whether there are any potential risks and also whether there is a history of disagreements between the parents or whether the refusal is based on reasonable grounds. If the specific issue order is granted, then you would be permitted to take the child on holiday abroad, regardless of the other parent’s reservations. However, if the court ordered that the holiday would not be in the best interests of the child, then you would not be able to take the child abroad and if you were to breach this, there would be consequences. Before issuing any such application to court, it is important to understand that the judge may reach an arrangement which is not the outcome you had hoped for. An application to court should be viewed as the last resort as it is a timely, stressful and costly route to go down however, we appreciate that in some circumstances it is the most appropriate action to take.
In the event that you look to take the children abroad without the other parent’s consent, then they do have the option of applying to court themselves for a prohibited steps order to prevent you from doing so. A prohibited steps order can be used to restrict a parent from taking a child on holiday if the other parent has concerns about the holiday for reasons such as the destination, dates or the child’s welfare. If the judge considers that the holiday is not in the child’s best interests, then they may look to grant the prohibited steps order which would mean that you are legally prohibited from taking the child abroad as per the terms of any such order. It is therefore important that you look to obtain such consent or an order from the court prior to taking the children abroad.
It is also worth noting that if there is a Child Arrangements Order in place and it states that the child lives with you, then you are generally able to take them abroad for up to 28 days without the need to obtain the other parent’s permission, unless the order specially states otherwise. You should however still provide the non-travelling parent with the details of the holiday for their information.
In light of the upcoming school Summer Holidays, should you require any assistance in relation to travel arrangements or any other children matters, then please do not hesitate to contact us on 01928 735 333 and we would be happy to assist.