As the school holidays approach many separated couples ask themselves if they are able to take their child or children on holiday without the consent of the other parent.
Can I Take My Child On Holiday?
Holidays In England & Wales
There is nothing preventing you from taking your child on holiday within England and Wales without the permission of the other parent with parental responsibility as long as there is not an order made by the Court preventing you from doing so.
However, please bear in mind that if there a Child Arrangements Order in place for the other parent to have contact, then this must be adhered to.
Therefore, if the other parent is to have contact during the time that you are on your holiday then you must make your child available for that contact unless an alternative agreement can be reached.
Holidays Outside of England & Wales
If you are planning to take your child on holiday outside of England and Wales you will require permission from all of those with parental responsibility or permission from the Court.
In the event that you have a Child Arrangements Order granted by the Court providing that the children are to live with you, you are entitled to take your child out of the jurisdiction for a period of 28 days without the consent of others with parental responsibility. It is important to remember that an exception to this is where there is a Prohibited Steps Order in place, which prevents the removal of a child from the jurisdiction.
It may often be the case in an acrimonious separation that the other parent with parental responsibility will not consent to allow their child to leave the jurisdiction. In these circumstances, it is possible to seek the permission of the Court to remove the child from the jurisdiction for a temporary period of time. Prior to any application being issued to the Court an attempt to mediate with the other parent to reach an agreement is not only necessary but also a legal requirement.
How Can Nelsons Help?
Natasha Roberts is a Solicitor in our Family Law team.
If you need advice on children issues or any other family related matter, please contact Natasha or another member of the team in Derby, Leicester on Nottingham on 0800 024 1976 or via our online form, and she will be happy to discuss your circumstances in more detail.