LEGAL EAGLE: Guidance for a parent when taking children on holiday abroad when separated from their father

There are specific regulations that must be followed when a parent wants to take their children abroad but they are separated from the youngsters' father, even when they have not been in touch for some time. Picture by Tolga Akmen / AFP via Getty Images

I separated from my children’s father four years ago and he has not been in touch with us since. I want to take the children on holiday to Spain during the summer break. Do I need the father’s permission, even though he has nothing to do with us anymore?

The answer to this question will depend on a number of factors. Firstly, does the children’s father have parental responsibility (PR) for them? He will automatically have this if he is named on their birth certificates or you were married at the time of their birth. If he does not have PR, then you do not need his permission.

If he does have PR, the answer will depend upon whether or not you have an existing Child Arrangements Order (CAO) in place stating that the children are to live with you. In those circumstances, you are entitled to remove the children from the jurisdiction of England and Wales for a period of up to 28 days and therefore would not need the father’s permission.

If you do not have an existing CAO but father does have PR, permission will be required. You should provide him with information such as dates and destination and ask him to provide consent in writing. If he does not consent, you will need to apply to the Court for a Specific Issue Order granting you permission to take the children out of the jurisdiction. In considering whether to grant this, the Court will need to hear from both parents before considering whether or not your proposal will promote the children’s welfare.

If the father does not provide his consent, you should be aware that it is open to him to apply for a Prohibited Steps Order which would prevent you from leaving the country with the children. Again, the Court would hear from both parents before deciding whether or not preventing travel would be in the best interests of your children. If a PSO is granted, you risk being held in contempt of court which means you could be asked to pay a fine or even spend time in prison. You may also face a charge of child abduction.

It is therefore essential that you obtain the necessary consents, whether from the father or from the Family Court. Please do not hesitate to contact Ben Hoare Bell LLP if you would like to book an appointment tailored to your specific situation. Please call us on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.