It is that time of year, with Christmas behind us that we start to plan the forthcoming year and the possibilities of going on holiday.
If you are a separated parent, there are a few matters that you need to bear in mind which I have set out below.
The mother automatically has Parental Responsibility (PR) for their child. A father will have Parental Responsibility for the child if they are married, or if unmarried but on the birth certificate and the parents registered the birth jointly. When travelling abroad you will need permission of anyone else with PR before you takethe child/children abroad. This should be in writing, clearly givingpermission.
The situation is different if you have a Child Arrangements Order in place which provides that the child lives with you. If that is the case,, unless the order specially directs something else, you can take the child/children out of the country for 28 days, without specific permission. This is because the order will set out that the child lives with you. However, you should travel with the Order to ensure there is no confusion and to prove you have this evidence. The order will most likely provide provision for holidays in any event, so that either parent gives adequate notice and full details of the travel arrangements. Irrespective of the order, however, if the other parent objects then permission from the court is required.
In addition to written permission, it is best practice and good parenting, to provide in writing to the parent not going on holiday,all of the details of travel and accommodation and emergency contact details.
If you are traveling within England and Wales, you do not need written permission, but holiday times should have been agreed and it is good parenting, again, to give all of the relevant travel and accommodation details to the other parent.
It is important to note that the above applies to travel outside the jurisdiction, so if you are travelling to Scotland or Northern Ireland the same rules apply as if you were travelling outside of the UK.
Grandparents often want to take the children on holiday, especially after parents have separated, to help with the children in the holidays. In such circumstances, all those with parental responsibility would need to give permission for such a trip.
If the other parent refuses to provide consent as set out above, you could try to resolve matters by attending mediation to deal with the issue. If mediation is not successful or appropriate then you will need to apply to the Court to obtain specific consent to take the child / children out of the jurisdiction. An application for Specific Issue Order will be required. You should remember that the courts are currently under huge pressure, and so if possible you should try and find a way of agreeing this without using the Courts. There is always the danger that you might not resolve matters through the courts before needing to travel, so mediation and other family dispute resolution services such as arbitration should be considered.
If you take a child / children out of the jurisdiction without the necessary consent or order in place, then you may be committing a child abduction offence.
If you are travelling abroad, you should always check the rules of the country you are travelling to, as irrespective of the English legal rules, foreign jurisdiction may have different rules when it comes to travelling with children and consent letters may be needed irrespective of any orders that English Courts have made.
As with any issue regarding children and parenting, if possible be open and transparent with each other and always have the children’s best interests and welfare at the forefront of discussions and agreements. Bear in mind that the court is likely to consider that holidays are in the children’s best interests.
If you would like to discuss any of the above in more detail please do not hesitate to contact either myself or one of the team at BH&O or our mediators and we will be happy to assist.
Helen Bishop, Consultant Solicitor
