Holiday dilemma for separated parents with children
As the school summer holidays approach many parents will want to finalise plans to take their child away. Post-separation many parents are unsure of their legal position regarding taking their child abroad. Hopkin Murray Beskine’s Christina Theodorou and Melissa Jarvis have some top tips that will help you to plan your break.
Do I need permission from my ex-partner to take our child on holiday? Can I take my child abroad?
If you have a “lives with” child arrangements order granted in Court proceedings (formerly called a residence or custody order) then you can take your child abroad for up to 28 days without the other parent’s consent, unless the order specifies otherwise. If no such order exists, then written consent from the other parent is required.
What happens if the other parent refuses to let you take your child on holiday?
In such a scenario it is important that you seek legal advice on how you can try to resolve the disagreement. You may wish to ask the other parent about their concerns so that you can address these issues in mediation. From our experience most parents can resolve issues in dispute by attending mediation. If mediation fails, then you can issue child arrangements proceedings at court for a specific issue order to take your child on holiday. Your application will be considered by a judge and generally the court do consider that it is in a child’s best interests to go on holiday. You would be required to give the other parent details about your flights and accommodation whether the holiday is agreed by the other parent, or it is court ordered.
What documents should I take with me whilst travelling abroad if the holiday is agreed?
If you have agreement from the other parent to travel abroad for a holiday, you should make sure you have all the necessary documents ready in advance of your departure. This may include the following documents:
- If you and your child have different surnames you should take proof of change of name deed or marriage certificate. If you have always had different surnames, then you can take your child’s birth certificate as this will show you are the named parent.
- If you have a “lives with order” then take that with you when travelling. If you don’t have a “lives with order” you should take a written letter of consent to the holiday signed by the other parent. It is always best to take as much information as you can when travelling abroad in case any issues arise.
What will happen at the airport?
Preparation is important! The airport can be a stressful affair, and it is crucial that you arrive early to deal with any issues that may arise. A member of airport security may ask for details of your trip, so it is best to be prepared for these questions. The security staff may also ask your child questions, so it is vital that you make your child aware they need to answer any questions clearly and sensibly.
What if you have given permission for your child to go on holiday with your ex-partner and they don’t return?
Hague Convention countries
If your child does not return home from a holiday with another parent then you should contact a legal professional for advice. There are numerous countries which have signed up to the Hague Convention 1980 which aims to recognise and enforce a child’s return. Most countries in Europe are signatories to the Hague Convention, however countries such as Thailand, United Arab Emirates, Nigeria and Zimbabwe are not signatories.
Concerns that your child won’t return
If you are concerned that your child won’t return from a holiday abroad then you can make an application for a prohibited steps order to stop your ex-partner taking the child on holiday.
We can help
If you need advice regarding taking your child abroad, or you have concerns about an upcoming holiday abroad, then our team of specialist family practitioners can assist you. Please contact us via email Familyprivate@hmbsolicitors.co.uk
