As schools break up for the summer, most families will be counting down the days until their sun-soaked getaway or frantically booking a last-minute deal. But for separated parents, arranging a holiday can be a tricky ordeal. A question that family solicitors are often asked is “Do I need consent to take my children on holiday abroad?”
Separated parents might not realise they may need consent from the other parent to take their children out of England and Wales even for holidays. To ensure that a holiday proceeds smoothly, it is crucial that parents understand early on where they legally stand and avoid being accused of abducting their own children or being stranded at border control. Sometimes an angry or distressed ex can use a holiday abroad as a negotiating point when you are days or minutes away from leaving, or as a springboard to retain a child permanently out of the UK.
If a parent has a Child Arrangements Order that the children reside with them, they can take the children abroad for up to 28 days at a time.
If there is no court order, to go abroad the consent of those who hold parental responsibility, i.e. mother, father, step-parent or guardian is required. Without consent, then legally speaking, a parent who removes the children from the jurisdiction is ‘abducting’ the children, which is a criminal offence and could lead to serious consequences, including imprisonment.
If consent is required, it is important to communicate with the other parent before the holiday to avoid any complications and conflict.
It is advisable to get consent in writing and this can be produced at the airport to satisfy officials if necessary. For some countries, it is a necessary requirement to have a written agreement from the other parent before they will allow entry. However, an agreement offered informally like this can be withdrawn at any time so if your ex has a history of unreasonable behaviour you might need to consider getting an agreement made official.
If the other parent refuses to agree to your holiday plan, you can apply to the court for permission to remove the children from the jurisdiction for the purpose of a holiday. Alternatively, if you are concerned about the children being removed from the jurisdiction, you can apply for a Prohibited Steps Order to prevent it. If there are legitimate concerns the court will assess the level of risk, seriousness of the situation and safeguards that can be implemented to ensure their return or provide assistance if the children do not return.
The court can refuse applications if there are potential risks with non-return.
How we can help
We specialise in child abduction and all children-related issues. If this issue affects you or you are planning an international holiday and want to discuss your situation in more detail then contact our specialist family team who will be able to assist you at [email protected]
Serena Sandhu, Director of Hopkin Murray Beskine
If you have any questions to ask about this article or any other articles, contact our Private Family Law Team at [email protected]
Hopkin Murray Beskine www.hmbsolicitors.co.uk