Parental responsibility is a factor in determining whether you can take your child on holiday without the other parent’s consent. If both parents share parental responsibility, written consent from the other parent is required to take the child abroad. To do so risks committing the offence of child abduction, which is a criminal offence. It is important to be aware that ‘abroad’ constitutes anywhere outside of the United Kingdom.
If the court has previously been involved and there is a “Lives With” Child Arrangements Order in place, the parent named in the order can take the child abroad for up to 28 days without the need for written consent – during the time that the children lives with them.
In situations where no court order exists, and the other parent is refusing to consent, there are several options to consider.
If disagreements arise, there are out of court avenues that can be pursued to try to reach an agreeable outcome. We can assist with selecting the most appropriate course of action.
Unfortunately, it is not always possible to reach agreement out of court, in which case it will be necessary to seek the court’s assistance to determine the issue. You need to be aware that the court process can be lengthy, often taking several months to reach a first hearing date. Additionally, you will need to attend mediation (a “MIAM”) before the court will consider your application – unless your application is urgent (although you should always make sure that you leave sufficient time, as there is no guarantee that a court will hear your case quickly enough).
The court will consider a range of factors depending on your circumstances, but ultimately how the trip serves the best interests of the child. They are also likely to consider the relationship dynamics between the child and both parents, and whether the holiday might disrupt any established routines or contact arrangements.
At a Glance
If the other parent refuses to give consent for the holiday, you have a few options:
- Attempt to resolve the issue through mediation, which can be a less confrontational and more collaborative process.
- Apply to the court, which will determine if the holiday is in the child’s best interests.
- If you believe the other parent may try to take the child abroad without consent, and it is not in their best interests, you can apply for an order to prevent this from happening.
Remember
It is advisable to discuss your travel plans well in advance, providing transparency about details about the trip, including dates, flight information and accommodation. By providing this information and seeking to agree the arrangements well in advance for the trip, this can help to avoid misunderstandings and avoid an unnecessary court application being made.
When travelling abroad, ensure you have all necessary documentation including your child’s birth certificate, any current “Lives With” court order or the letter of consent from the other parent to show to the airport authorities. Some countries have strict entry requirements regarding proof of parental consent, so it is important to be well-prepared to avoid any complications at the border.
Getting started
At Starke Family Law, we use a sophisticated online platform to streamline the process and gather essential information efficiently, you can get started online now.
This article does not constitute legal advice.