With the school summer holidays fast approaching many families are considering booking a trip abroad. However, there is much to think about in addition to simply the actual booking of the holiday.
Establishing who has parental responsibility is key where parents have separated. Parental responsibility means all the rights, duties, powers, responsibilities and authority which a parent has in relation to their child. If both parents have parental responsibility and there is no live with order or any restrictions in place for either party, then neither party can take their child abroad without the written consent of the other parent and any other party who has parental responsibility. If they refuse then it will be necessary to apply to the Court for permission to travel abroad with your child.
However, if you have a live with order in place which states that your child is to live with you, then you can legally take your child abroad for a period of less than one month without such permission.
If, however you are a parent who has parental responsibility for your child but you are not named as a person with whom your child should live and you take your child abroad without consent or permission that would be a wrongful removal. The parent left behind could bring an application to the Court for the return of the child. You may well be stopped at the airport without such written consent and be prevented from travelling with your child.
If a parent with parental responsibility is not prepared to consent to the other parent taking the child abroad on holiday then that parent will need to apply to the Court for a Specific Issue Order. When faced with such an application the Court will consider, amongst other things, the welfare of the child, their wishes and feelings, the likely effect on the child of any change in his or her circumstances and the child’s physical, emotional and educational needs.
Such applications can be expensive and can take some time so it is very important to plan ahead and ideally, obtain the written consent of the other parent/person with parental responsibility well in advance of any proposed holiday.
If one parent has no intention of obtaining your consent to take your child on holiday and you have parental responsibility for your child and there is no live with order in place in their favour, then you can apply to the Court for a Prohibited Steps Order. This is an order preventing your former partner from taking your child abroad on holiday. When considering such an application the Judge will have regard to the same factors when considering a Specific Issue Order as referred to above.
If you are travelling abroad with your child it is a good idea to take with you a copy of any live with order, or if there is no such order, the written consent of all those with parental responsibility.
If you require any advice in relation to such issues please do not hesitate to contact RJT Solicitors for a free 30 minute consultation on 01257 228027 or info@rjtsolicitors.co.uk
