Can I Take My Child on Holiday if Separated/Divorced?
Ash Hill Solicitors • May 18, 2021
The coronavirus pandemic has certainly put a stop to many holiday plans in 2020 and 2021, but with the governments’ announcement that the restrictions will end by 21st June 2021, most of us are edging to book a holiday and our sights are set on a much-needed exotic holiday!
If a single parent wants to take their child abroad on holiday, the first question to consider is ‘Who has parental responsibility for the child?’ A biological mother automatically has parental responsibility for her child from birth. A biological father can have automatic parental responsibility in one of two ways:
1. By being married to the child’s mother at the time that the child was born
2. By being named on the birth certificate (only automatic after 1st December 2003)
If neither of the above two apply, the alternative may be to have a parental responsibility agreement, which can grant a father parental responsibility if he does not have so already, providing that the child’s mother agrees with the father having parental responsibility.
To take your child outside of England and Wales, you require the written consent of everyone who shares parental responsibility. However, if you have a child arrangement order
sealed by the court that your child lives with you in which case you can take the child out of the country for up to 28 days. In our view it is still good practice to inform the other parent and if it impacts on the arrangements when the child spends time with the other parent you should seek their agreement in advance of making any travel arrangements. This would also be in the best interests of the child.
It is important to note that if you have parental responsibility for a child and wish to take them on holiday in England and Wales, and if there is no court order in place, you do not need the other parent’s permission to take the child on holiday as long as you are still within the jurisdiction of the law of England and Wales. Again, it would be courteous and, in our view, good practice to let the other parent know of your plans and it may avoid future conflict if the other parent is notified of travel plans in advance.
What should you do if the other parent will not agree?
Your first step should be to try to reach an agreement with the other parent. If this is not possible, you should consider asking a friend or family or even a family mediator to assist.
If none of these options resolve the matter, or if this fails, you can speak to our solicitors to assist you.
It is also important to note that in these situations, it is not in a child’s interests to pass messages between you and the other parent and to be drawn into adult issues.
How Ash Hill Solicitors can help?
As we ease out of lockdown most parents will want to treat their children to a memorable experience of a much-deserved holiday. If you are a parent who has concerns relating to what is set out in this post, it is important that you seek the correct legal advice before taking any action. Here is a list of actions we can take on your behalf:
1. We can contact the other parent to attempt to reach an agreement.
2. We can advice about issuing an application to court to seek permission to take a child on holiday.
3. In the alternative if you wish to prevent a parent from taking a certain action or taking your child on holiday without your consent we can make an application to the court to prevent them.
You should be aware that in most cases, if an application to court is made, the court will consider the welfare checklist. This checklist includes the wishes and feelings of the child, and their physical, emotional and educational needs.
Contact us to explore your options and best course of action via our online enquiry form or by calling on 0208 515 2790.
Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and an experienced probate solicitor with over 10 years in private client law. She specialises in wills, estate administration, powers of attorney, and inheritance planning. Known for her calm, compassionate approach, she guides clients through sensitive matters with clarity and care.
Nasreen is also a civil and commercial mediator, committed to resolving disputes efficiently and constructively. She is fully accredited and listed on the Solicitors Regulation Authority (SRA) register.
Outside of work, she’s a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children across the globe.
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