It’s the time of year when your ex may not agree with your holiday plans especially if they involve your joint children. The children want to go but your ex says no. What can you do?
This is often an area of conflict and it is always best to try and resolve this between you where possible. As parent’s you will both have the benefit of ‘parental responsibility’. This is not just a phrase but is a legal term that gives parents rights in respect of a child. By virtue of giving birth, the mother automatically gets parental responsibility (PR) . Fathers or second parents are slightly different. If the parents are married, the father or second parent gains PR; if unmarried, the father or second parent will only be granted PR by being named on the birth certificate. Sometimes is it possible to obtain PR by having a Court order in place in respect to a particular child . Occasionally, a third party may have parental responsibility for a child, such as a step-parent who has entered into a step-parent parental responsibility agreement with the child’s parents or a third party who has an order in their favour that relates to the child.
If you are a separated parent and wish to take your child or children abroad, you must obtain the other parent’s permission or consent (where the other parent has the benefit of parental responsibility). It is normal for many separated parents to have made informal agreements about their children post separation and will not have had to involve the Court to resolve any disagreements. In that case and where there is no Children Act Order in place:
When there is no court order:
The consent of every person with parental responsibility is required before removing a child from the jurisdiction, whether for a holiday or for a longer period of time.
When there is a court order:
Any person who has a child arrangements order in their favour which includes an order that the child lives with them can take the child out of the jurisdiction for up to 28 days at a time. It may be that the court has ordered that the child lives with both parents and, if so, either parent can take the child out of the jurisdiction for up to 28 days at a time.
Sometimes, the court makes prohibited steps or specific issue orders that directly address the issue of holidays abroad. If your child is subject to a court order, make sure you have read this carefully and understand any provisions that relate to holidays.
If you want to take your child abroad and have established that you require the consent of the other parent, or anyone else, communication is key. Start the dialogue early, ideally before you have booked the holiday. Keep them updated as your plans progress. Expect to share the full details with the other party. You should full details to include dates, travel arrangements, accommodation details, information about who else may be joining you on the holiday and an emergency contact number.
Whilst verbal consent is valid consent, be sure to get something in writing from the absent party also. You could prepare a document highlighting details of the holiday and children’s names etc with all parties with PR signing and dating it . Most countries are very alive to the risk of child abduction. To avoid a situation of being questioned at a border (and any subsequent delays and emotional upset) if you can produce a letter that confirms consent to the holiday. It is also helpful if you bring evidence of your relationship to the child, such as a birth certificate; if your name has changed since the child was born, you need to bring evidence of this (such as a marriage certificate, decree absolute if you are divorced or a change of name deed).
If you cannot obtain the consent of everyone with parental responsibility, it is possible to make an application to the Court asking the court for permission to take your child abroad. The court generally considers holidays with parents to be a positive experience for a child and is inclined to grant permission, so long as there is no genuine reason that the holiday is not in the child’s best interests.
A holiday may not be in a child’s best interests if it is not in keeping with the child’s existing relationship with a parent. For example, if a child has only ever stayed with a parent for one night at a time, proposing a two-week holiday may be considered inconsistent and too fast a progression for the child.
Please be aware that the court will rarely support a holiday during term time or in a country that the foreign office advises against travelling to. Also, the timing of any Court application may mean that your request is not dealt with for a number of weeks/months (depending upon the urgency of the application). Court is therefore the last resort.
It is not unusual for children to travel with their grandparents or other family members, or to be invited to join a holiday with a friend and their family. In this situation, the same rule applies: make sure a letter signed by each person with parental responsibility for the child accompanies their passport.
Prior to any booking of holiday check the travel destination and that county’s requirements. The laws in that country may well differ from the United Kingdom .
If you need advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help. Otherwise you can contact us via admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk
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