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During the chilly winter months, our thoughts often turn to sunnier climes and holiday planning. However, when planning a foreign holiday with children under 16, separated parents and carers need to consider the legal implications of taking children out of the United Kingdom.
Permission is not required to take a child on holiday within England, Wales, or Northern Ireland. However, permission is required to take a child to any other country, including Southern Ireland or Scotland.
To take a child outside the jurisdiction, the person wishing to take the child on holiday needs permission from everyone who has parental responsibility for that child. This is usually both parents. However, it may also include a step-parent, someone with a live-with order for the child, a person with a special guardianship order, a local authority (if they have a care or supervision order), or the Court if the child is a Ward of Court.
It is advisable to obtain the other person’s consent to the holiday in writing and take this with you when you travel. Similarly, if you have a Court Order that gives you permission to take a child abroad, you will need to take it with you, in case you are asked to provide evidence when leaving or entering a country.
In some cases, permission from the other persons with parental responsibility may not be needed. For example, if you have a live-with order for a child, you are allowed to take that child abroad for up to one month at a time. For carers holding special guardianship orders, the time abroad is extended to 3 months.
If anyone else has an order to spend time with the child, you will need to arrange your holiday plans so they do not prevent contact from taking place as set out in the order. This is to ensure that you do not breach the order. You should notify the other parent, or persons with parental responsibility, of your plans as soon as possible. You may be able to agree on a variation of the usual order to allow the holiday to take place. This should be documented in writing.
If direct communication with the other person is difficult, you could try mediation or instruct a solicitor to write to them. There are many resources available for separated parents and carers. Many find it helpful to create a Parenting Plan that outlines joint plans and arrangements for their children. You can download one from the Cafcass website HERE.
If the other persons with parental responsibility do not agree to your holiday plans, you should seek legal advice to determine whether you can take your child abroad without their consent. If you do not have the legal right to take your child abroad, you can apply to the Family Court for a Live-With Order or a Specific Issue Order. The Court will need full details of your plans to assess whether they are in the child’s best interests.
Removing a child from this jurisdiction without the legal right to do so is a very serious matter and could result in criminal charges under the Child Abduction and Custody Act 1984. It could also be considered contempt of court.
Get in touch today to speak to one of our specialist divorce and cohabitation solicitors on 01329 822 333.
