Can I Take My Child On Holiday Abroad Without Permission Of The Other Parent?

A common question we often hear is ‘Can I take my child on holiday abroad without the permission of the other parent?’ frequently asked during the run-up to the school summer holidays.

When parents separate, holiday arrangements can be a real bone of contention, especially when it comes to the summer holiday and special times such as Christmas and birthdays.

For the summer holidays, parents will very often want the same portion of time or the holiday plans can overlap if they have not been agreed in advance full stop. The parent with whom the child lives will often think that they have first call on holiday arrangements and make plans without reference to the other parent and this can be fraught with difficulty if that parent does not agree to the particular portion of time.

If both parents have parental responsibility [which is usually the case, unless the father is not named on the birth certificate] then permission is required to take a child out of the jurisdiction of England and Wales, even if this is for the purpose of a holiday. Permission can be granted by the other parent or, failing that, by the Court.

Can I take my child out of the country if I have a ‘live with’ order?

If arrangements have already been to Court and one parent has a “live with” order then they may take the child out of the jurisdiction for up to a month without permission of the other parent. Permission will also be needed if they plan a trip that is for over a month. This can happen in cases such as when extended family live abroad.

The other parent who does not have to live with order will still have to obtain permission if they want to take the child on holiday abroad, even if this is for less than a month.

If there is no live with order, then automatic permission does not apply, and if the other parent does not agree it will be necessary to apply to the Court to train an order authorising the child to leave the jurisdiction for the holiday.

It is always best to settle this type of difficulty in the early days following separation by, for example, considering a parenting plan or a written document that can set parameters, confirm areas of agreement and dispute, and give an outline for future plans for the children.

Comment

At Nelsons we have a team of experts available to assist you in negotiating, formulating, and finalising a plan or, if agreement really cannot be achieved, to provide you with excellent representation in proceedings before the Court.

Whilst it is always better to negotiate arrangements for children if the relationship is abusive or there is an imbalance of power between the parents for whatever reason then it is crucial to obtain advice before agreeing to anything as this may be prejudicial to your position.