Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

Separated: Can I take my child on holiday abroad?

Sep 29, 2018, 19:59 PM
family law, parents, children, children, separation
Many parents are unaware that it is a criminal offence to take their child out of England and Wales without the permission of every person who has parental responsibility for the child unless permission of the Family Court has been granted.
Slug : separated-can-i-take-my-child-on-holiday-abroad
Meta Title : Separated: Can I take my child on holiday abroad?
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 16, 2017, 01:00 AM
Article ID : 114211
Sarah McCarthy, Chartered Legal Executive
Hill Dickinson LLP 


The school summer holiday period is almost upon us. For family lawyers, this can be a busy time of year as often issues arise for separated parents when they mention to the other the prospect of taking their children on holiday, be it in England and Wales, or abroad.


International Movement of Children deals with both lawful movement and abduction of children into and out of the UK.

Find out more or request a free 1-week trial of International Movement of Children. Please quote: 100482.





Many parents are unaware that it is a criminal offence to take their child out of England and Wales without the permission of every person who has parental responsibility for the child unless permission of the Family Court has been granted.

However, if a Child Arrangements Order (formerly known as a Residence Order) has been made by the Family Court stating that a child is to live with a particular parent then that parent may take their child out of England and Wales for up to 4 weeks at a time without permission from the other parent, provided the holiday will not conflict with time that a court order provides would ordinarily spend with the other parent. If the intended period of travel is longer than 28 days, then permission from everyone with parental responsibility or authority from the Family Court is required.

In circumstances where one parent seeks permission from the other to take a child on holiday but permission is not forthcoming, then an application can be made to the Family Court for a Specific Issue Order. This type of court application would ask the court for authority to remove the child from England and Wales for the purpose of the proposed holiday.

We sometimes come across situations where one parent may seek to prevent the other taking their child on holiday, for instance, where they feel that the proposed holiday may not be in the best interests of the child for some particular reason. This may be, for example, because the holiday is proposed in school time or is to a high-risk destination. In these circumstances the concerned parent can make an application to the Family Court for a Prohibited Steps Order: an order preventing the proposed holiday from taking place.

Whenever the Family Court is asked to consider an application dealing with children, the court’s paramount consideration will be the child’s welfare.

Making a court application is an expensive, time-consuming process and it can often damage relations between parents, when they should be working together to best meet their child’s needs. Court proceedings should always be viewed as a last resort.

The sensible approach to division of school holidays is to try to agree these as soon as the holiday timetable for the school year is known. An approach to the other parent can then be made setting out suggestions for division of time for each holiday and highlighting any proposed holidays abroad. Full details of such holidays should be given including: destination, dates, accommodation address, telephone numbers, flight numbers etc. It is essential to parents that they are made aware of where their child is going on holiday in case of an emergency.

If you are unable to reach agreement with the other parent then you should consult with a specialist family solicitor in order to discuss the best approach for making progress. The usual options are further negotiations via solicitors, mediation or court proceedings.
Categories :
  • Articles
Tags :
airport
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from