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The summer holidays come with a whirlwind of emotions. On one hand, there’s excitement about all the possible adventures, while on the other, you may feel apprehensive about the planning and potential legal implications to navigate.
The idea of your ex taking your child on holiday can make separated/divorced parents feel nervous. But there are ways to ensure that both of you can enjoy the experience. In this guide, we’ll explain the rights of separated parents when it comes to taking children on holiday, including how to do so amicably, and with respect.
What Are Separated Parents’ Holiday Rights?
Although ‘separated parents’ holiday rights’ is searched relatively frequently, this is an informal, non-legal phrase that’s used to query the rights of a parent when it comes to taking their child on holiday
It should not be assumed that a separated/divorced parent has the legal right to take their child on holiday without the other parents’ consent. If both parents hold parental responsibility for the child – an aspect of child law that outlines the rights, responsibilities, and authority that a parent has over the decisions made throughout a child’s life, and there is a child arrangements order in place confirming that the child “lives with” both parents, then neither parent is required to obtain the consent of the other parent to take the child on holiday for a period of up to 28 days However, if there is no child arrangements order in place, or the child arrangements order says that the child “spends time” with you, then you should obtain the consent of the other parent to take your child on holiday.
Who Do I Need to Consult If I Wish to Take My Child Abroad?
It is not unusual for parents to take their children abroad (anywhere outside the jurisdiction of England and Wales), but this can be complicated if the parents have separated.
If you are listed as the resident parent (that the child lives with you) on a Child Arrangements Order and you intend to take your child overseas for no more than 28 days, you are not obliged to obtain the consent of any other person with parental responsibility. It is, however, advisable that you provide the other parent with sufficient notice (usually at least four weeks) of the intended holiday.
If you plan on taking the child out of the country for a period exceeding 28 days, you must seek the approval of those who share parental responsibility.
Can I Stop My Ex-Partner From Taking Our Child Abroad?
Separated/Divorced parents can prevent their ex-partner from taking a child on holiday if they so wish, whether it’s a mother stopping a father or vice versa . To do so, they must apply to the court for a Prohibited Steps Order.
Applications should include your reasons as to why you feel it is not in your child’s best interest to be taken abroad (for example, due to the travel destination being dangerous). The courts will then decide if it is in your child best interest to attend the holiday or not. If a Prohibited Steps Order is granted by the court, the other parent will be legally prohibited from taking the child abroad to the specified destination.
My Ex Won’t Let Me Take My Child on Holiday, What Can I Do?
Mediation is recommended as a first step if the two parents are unable to come to an agreement. However, if mediation is not effective, you can apply to the court for a Specific Issue Order.
An application for a Specific Issue Order should list the reasons why you think it is in your child’s best interest to travel abroad with you. If the court decides in your favour, a Specific Issue Order will be made, providing permission to take your child abroad to that specific destination.
We Have Reached an Agreement; How Do I Obtain Formal Consent?
If there are no objections to taking a child on holiday, it’s best to ensure that a written letter of consent is provided from the other parent.
This letter should contain the following:
- Full name and date of birth of the child
- Passport number and nationality of child
- Details of the accompanying adult and any other third parties attending
- Travel dates and destination
- Their specific consent to the child travelling abroad with the other parent who shares parental responsibility
Expert Help with Mediation, Divorce, and Child Arrangements
Grant Stephens Family Law is a South Wales-based team of family law solicitors with many years of experience in child disputes and divorce matters. If you’re facing legal difficulties upon separation, whether that’s around taking a child on holiday or other matters, contact us to discuss your case, today.
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