Legal Eagle: Parental Responsibility required for ex-partner to take child abroad

Arrival and departure monitors at an airport. Photo by Mandel Ngan / AFP via Getty Images

My ex-partner – and father of our child – wants to take my daughter abroad on holiday during the school holidays, but I don’t want him to do so. What are my options?

It is important to establish whether he has Parental Responsibility (PR).

He will have PR if any of the following apply; he is named on your daughter’s birth certificate, he was married to you when you gave birth, or there is a court order assigning him PR.

PR is important as this would allow him to make certain decisions whilst away on holiday. For example, if she has an accident, he can sanction medical treatment.

Regardless of PR, both parents’ consent is required for one to be able to take the child on holiday. Without your consent, if he travels with her, he could face serious legal consequences.

This is especially important if your child has a different surname to him, as Border Control may stop and question them.

The only circumstance where consent would not be required is where one parent has a Child Arrangements Live With Order, then they can take the child on holiday for 28 days.

If you refuse consent but he still wants to take her on holiday, he will need to make a C100 application for Specific Issues Order.

If you have genuine safeguarding concerns for your daughter, and you also believe that the holiday would not be in her best interests, then you will be required to respond to this, outlining reasons for believing that the holiday would not be in her best interests.

Genuine reasons could include, but are not limited to, your daughter not being safe on the trip, the destination seeming risky (for example a non-Hague Convention country), or you are doubting her father’s ability to care for her.

Even where there are no welfare concerns, where you do not agree, the father will still need to make an application to the court.

You should first try to communicate with your ex-partner as this may resolve your concerns.

Mediation could be a more suitable option where direct communication fails, to try and reach an agreement with your ex-partner and discuss your apprehensions.

If the above situation sounds similar to yours, or you have another family matter you would like advice on, please do not hesitate to get in touch by calling 0191 275 2626 or via email at [email protected].