Legal Eagle: The pitfalls facing separated parents at holiday time
For separated parents, it is common to wonder whether you need permission, or a Court Order, before taking your child abroad on holiday.
The first thing to consider is who has parental responsibility. Parental responsibility means the legal rights, duties, and authority a person has in relation to a child.
Mothers automatically hold parental responsibility on the child’s birth, whereas fathers may have it if they are named on the birth certificate, were married to the mother when the child was born, or have obtained it by agreement or Court Order.
If everyone with parental responsibility agrees to the holiday, and there is no existing Court Order preventing travel, you will usually not need a further Court Order.
It is advised to tell the other parent well in advance and provide clear details, such as where you are going, travel dates, accommodation, and contact information.
If consent is refused, you may need to ask the Court for permission.
This is usually done by applying for a Specific Issue Order.
Before making an application, it may be helpful to seek advice from a solicitor and consider mediation, as an application to Court should only be used by way of last resort.
Coming to an agreement outside of Court can often be quicker, less stressful, and less costly.
When deciding whether a holiday should go ahead, the Court’s main concern will be the child’s welfare.
The Court will consider what is in the child’s best interests.
Unless there are clear safeguarding concerns, such as a risk that the child may not be returned, the destination is unsafe, or the holiday would otherwise place the child at risk, then it may be difficult to persuade the Court the trip should not go ahead.
If you are unsure about your position, please contact us on 0191 275 2626 or [email protected]
Legal Aid may be available to you on this matter, so please ask our team for more information.