With school holiday season fast approaching, many separated parents are counting down the days until family time with their children.
Unless you have a ‘lives with’ Child Arrangements Order in place, you may be unable to travel abroad without the other parent’s express permission. Therefore, it is important to seek independent legal advice if you are unsure.
Stephanie Vyas, an associate solicitor in the family team at Gardner Leader, shares her top three tips below:
- Firstly, as early as possible, try to speak to the other person with parental responsibility to notify them of your intention to take your child on holiday abroad. Ensure the dates are agreed before you book anything. Try to determine their initial feelings towards the trip and alleviate any concerns.
- Secondly, share details of the holiday with the other parent, for example, flight and emergency contact details. Open communication is often all it takes to obtain the other parent’s consent.
- Finally, ask for their consent in writing. Some countries require a letter of consent from the other parent when travelling with a child.
The gov.uk website contains further helpful information here.
What happens if the other parent refuses to provide consent?
If the other parent unreasonably withholds their consent, mediation or solicitor correspondence can be a helpful way to resolve matters.
If after trying these options, agreement still cannot be reached, an application to court for a Specific Issue Order may be necessary. However, it is often quicker and more cost effective to exhaust options all outside of court proceedings first.
What about UK holidays?
You do not require the other parent’s permission for holidays within the UK. However, if the proposed holiday impacts the time which the other parent normally spends with your child, you will need their agreement to the change the normal arrangements to allow for your holiday.
If you require advice regarding school holidays or child arrangements generally, please contact Stephanie Vyas or our Family Law specialists here.