There is a common misconception that, if you are the live-in parent of your children, you can take them outside England and Wales without the other parent’s consent.
In fact, you can only take your children abroad without written permission for up to 28 days if you have a child arrangements order that says your children must live with you.
Otherwise, you will need the written permission of everyone with parental responsibility of your children. You can find out more about parental responsibility in our myth-busting blog here.
If you can not get written permission, you can attempt to resolve the issue via mediation. If that fails, the next step would be to apply to court for a child arrangements order to obtain permission to take your children abroad. If you intend to move abroad with your children permanently, you would need to obtain a specific issue order from court if you can not agree.
The court will consider the application with your children’s welfare at the forefront of their decision-making. They will consider a variety of factors such as the age of your children, the effect of the change in circumstances, and the effect on their relationship with the other parent.
If you are facing issues related to the above, you can contact our specialist Family Law team here to see how we can assist you.