The Law – Parental Responsibility
Taking your child abroad without the consent of everyone with parental responsibility can be legally considered child abduction, even if your intentions are innocent.
This applies unless you have a Child Arrangements Order that states that the child lives with you, in which case, you can take your child abroad for up to 28 days without consent from others with parental responsibility.
The birth mother of a child has parental responsibility for the child. The father of a child also has parental responsibility if he is named on the child’s birth certificate, is or was married to the child’s mother, has a Child Arrangements Order stating that the child lives with him, or has a parental responsibility agreement with the mother or other parent of the child.
You will, therefore, need written permission from everyone with parental responsibility, such as your ex-partner, before you can legally take your child overseas.
The Law – Holidays in England and Wales
If you are planning a holiday away, within England and Wales, there is no legal requirement for you seek permission from everyone with parental responsibility.
However, it is still best practice to engage in transparent communication about such plans, and it is sensible and advisable to obtain permission from your ex-partner, or relevant individual(s), wherever possible.
How Should I Plan a Family Holiday?
You should begin discussions with your ex-partner and everyone with parental responsibility, as soon as you begin making arrangements for a holiday.
Maintaining an open dialogue with the other parent and keeping them updated on your plans can help prevent conflict and settle any concerns.
You should share dates, times, addresses, and travel plans clearly with the other parent as soon as possible.
Once you have agreed plans and got permission, you should write this down. There does not need to be a formal document, but keeping a clear record of this agreement will help to avoid any future disagreements or misunderstandings.
You should also ensure that your child’s passport is valid and in your possession, and that you have sufficient holiday insurance.
Avoid last minute changes, verbal or vague agreements, and tense handovers. Try to stick to the agreement, record the agreement in writing, and agree on specific times and locations to make handovers smooth and effective.
How Garratts Solicitors can help
At Garratts Solicitors, our highly experienced Family Law team are here to guide you through and support you with child arrangements.
If you have any concerns about taking your children on holiday, or you are facing resistance from your ex-partner, early advice can make all the difference.
If your summer contact plans are proving to be difficult, contact our specialist Family Law team today to arrange a confidential discussion.
Call us on: 0161 665 3502
Email us at: [email protected]
