With summer coming up, lots of parents are booking holidays but if you’re separated it’s not always that simple. Whether your child lives with you or you have contact, there are legal rules around taking them out of the country.
Do I need to ask to take my kids away?
If your child lives with you under a Child Arrangements Order, you can usually take them abroad for up to 28 days without the other parent’s consent — unless the order says otherwise.
What if there is no court order?
If there’s no court order and your ex has parental responsibility (meaning if they are the mother, they are named on the child’s birth certificate or were married to the mother at the time of the child’s birth), you will need their permission. Taking a child abroad without consent can be a serious issue and it could even be classed as child abduction.
Having discussions is difficult. How can I take them away?
A lot of parents struggle with how to navigate this, and my main piece of advice is to try to agree things as far in advance as possible. Sit down with your ex and try to agree a schedule and any plans abroad for the holidays. Keep discussions calm and child-focused.
If we can agree, what then?
It’s always best to get that agreement in writing, whether this be within a structured parenting plan or even text messages or email. If a holiday is agreed, you should share the travel information and accommodation details with your ex so they know where your child will be and how to contact them if needed.
What if my ex refuses?
If your ex is refusing without a good reason, refusing to give you a reason or even if you just disagree with their reason, you can apply to the court for permission to travel and this is called a Specific Issue Order. You will need to get a MIAM (Mediation Information and Assessment Meeting) first, unless you are eligible for any exemptions.
Will we end up in court?
If you proceed to court, a judge will look at things relating to your child’s welfare, the details of the trip, and whether it’s in their best interests to have a holiday with you. This can be a lengthy process therefore it is always important to start discussions early if you think there may be some issues coming your way.
Seek sensible advice
The key thing to remember is – it’s not about what you or your ex wants, it’s about what’s best for your child. If you’re unsure, the best route is to seek advice early – contact our friendly family law team to discuss your particular case.