As we move closer to the easing of Covid-19 restrictions in the UK, we are of course all eager to enjoy holidays with our families once again. If you are separated from your child’s other parent, you may be concerned as to whether you can take your child on holiday and whether you need the consent of their other parent.
If both parents have parental responsibility for the child and there are no child arrangement orders or any restrictions in place, then you must obtain consent from the other parent before travelling abroad with the child. The other parent may refuse consent and/or apply to the Court for a prohibited steps order to prevent the child from travelling abroad, if they oppose the proposed holiday plans. Faced with that opposition, the parent proposing the holiday would then need permission from the Court to remove the child and take them on holiday.
If there is a child arrangements order in place, before taking the child abroad you must first obtain the permission of every person who has parental responsibility for the child, or permission from the Court. You may take a child abroad for up to 28 days without obtaining permission only if a child arrangements order is in place and states that the child shall live with you, unless there is a specific term restricting you from doing so.
Taking children abroad can be a delicate subject and one to be considered carefully. If a child is removed without consent or permission, then that could amount to a wrongful removal and involve child abduction proceedings for summary return.
If you would like further advice on any of the issues discussed above, please do not hesitate to get in touch and speak with a member of our Family Department who will be happy to assist you.