We’re all going on a Summer Holiday – are you taking or want to take your children abroad?

Our head of Family, Wendy Wharton writes:

In my experience as a family lawyer, this time of year (when the children break for the summer) is when separated families have most problems.

The sun, or lack of it in the UK means that people are keen to find it abroad and this is where hostilities between ex-partners seems to spike. We get parents asking questions about what they can and cannot do when wanting to book time away with their children.

Co-parenting and co-operation

When parents separate, they have to “co-parent” which includes trying to work together to put in place a timetable for the year and agree on any specific holidays each wishes to have with their children.

Sadly, this does not always go as planned.

• There can be situations where parents have the same dates booked off work and both want to take the children away at the same time. This can be because one parent works for a company who shut down the same time each year and have a say in when they can take their holidays. Parents must compromise in these sorts of situations. It is so important to work together well in advance to avoid difficulties.
• Some parents just book and pay for a holiday without the consent of the other parent and feel that is acceptable, when it is not. Parents should always co-parent and that includes reaching decisions about holidays, together.
• Some parents will not give their consent to children being taken away on holiday out of the UK because they just don’t want the children to go.
• Sometimes a parent may not provide consent and for good reason. It’s important to be clear why they are not in agreement and try to work with the other parent to reach a compromise. A parent who wants to take children on holiday to their homeland, but that country may not be safe due to war or terrorist threat, would be a good reason to say no.

What can you do if consent is refused?

If a parent refuses to consent to the trip abroad, an application can be made to the court for something called a “specific issue order” (an order dealing with a specific issue – in this case, whether the child should be able to be taken on holiday or not).

The court will look at what is best for the child: whether they are allowed to go on holiday or not and the advantages and disadvantages of this. Such an order can be applied for quickly and is usually dealt with by the court swiftly.

But whilst urgent applications can be considered if there’s a good reason, don’t get caught out booking a holiday thinking that a court is guaranteed to order in your favour – you may be disappointed!

Parental Responsibility

Parental responsibility is automatically given to birth mothers. If you and your ex were married or in a civil partnership when your children were born, then both of you will have parental responsibility. For births registered after 1 December 2003, provided their name is on the birth certificate, unmarried fathers will also have parental responsibility.

Those with sole parental responsibility have a wide discretion as to how they use it – the Family Court doesn’t intervene in family life unless it absolutely has to.

If you and your ex both have parental responsibility for your children and there are no court orders in place, then neither of you can take the children out of the UK on holiday without the consent and written permission of the other (or anybody else who has parental responsibility for the children).   For either parent, taking a child abroad without the permission of the other parent is child abduction.

Try to reach an agreement

Coming to your own agreement in advance helps to avoid misunderstandings and the need to involve the court.  IT will also help to manage any problems that a holiday might interrupt regular contact arrangements.

Remember, it is reasonable for the other parent to ask for full details of the holiday including where their child will be staying, the dates of travel, details of any flights and contact telephone numbers.

Sometimes issues can arise where consent is given but the surnames of the children differ from that of their mother’s. If this is the case it is best to seek legal advice about having the correct documentation so that your trip runs smoothly.

If you need advice on any of these issues then don’t put off seeking it – the summer holidays may be here already, but if you are considering taking your child abroad at any time of the year, you may need consent.

We are here happy to help and advise. Contact our family department.