It is now that time of year where many parents plan to take their children away over the summer holidays. Whilst there are many things to consider when travelling abroad, when you are a separated parent, there are even more things to consider when it comes to taking children away on holiday. Separated parents often have questions pertaining to the legal implications they may have to consider, especially, whether they need the other parent’s permission to take away the child on holiday?
Do I need my ex partner’s permission to take our children on holiday?
If you share parental responsibility for the child, then yes, you must have permission from those with parental responsibility for the child, to take the child out of the jurisdiction of England and Wales. The only way in which there will be no requirement for obtaining permission from the other parent is where there is a Child Arrangement Order in place which confirms that the child lives with the parent wishing to take the child on holiday. Under these circumstances, that person is allowed to take the child abroad for up to 28 days without the consent of the other parent.
Why is permission needed from the other parent when taking our children on holiday?
Where both parents share parental responsibility for a child, the law is clear and states that if a parent is to take the child out of the UK, they must obtain the permission from the other parent when taking the child on holiday out of the UK.
Consequences of taking your child on holiday without permission
If you do not have the permission from the other parent to take the child out of the jurisdiction, this may potentially lead to a criminal charge of child abduction.
How do I know if I have parental responsibility?
Parental responsibility is defined in Section 3 (1) Children Act 1989 as:
“all the rights, duties, powers, responsibilities and authority that, by law, a parent of a child has in relation to the child and their property”
A child’s biological mother automatically obtains parental responsibility for a child upon birth. Fathers married to the mother at the time of the birth will automatically have parental responsibility.
An unmarried father can acquire parental responsibility if he is registered as the child’s father on the birth certificate, by entering into a parental responsibility agreement with the mother, or by obtaining a parental responsibility order from the Court.
There are other ways in which you can acquire parental responsibility for a child and you should seek legal advice if you are unsure as to your position.
Should I worry if me and my child have different surnames?
It is fairly common for parents to have a different surname to their child. However, in the circumstances whereby a child has a different surname to the parent they are travelling with, you can take documentation along with you to serve as proof of your relationship with the child and to clarify the difference in the surnames.
This can help to reduce any potential complications, as you may be asked why your surname is different from the child’s. When travelling, you may take with you the child’s birth or adoption certificate, divorce or marriage certificates, or a letter of consent from the other parent confirming their agreement to travel.
What if the other parent does not agree?
If you and your ex-partner share parental responsibility and they do not consent to you taking the child on holiday it may be possible to resolve the dispute with the assistance of legal advice or mediation. If it is not possible to reach an agreement you may have to make an application to the Court, for permission to go on holiday.
Ultimately, the court’s paramount concern pertains to the safety and welfare of the child and what is in the child’s best interests.
Holidays are generally perceived to be in a child’s best interests provided there are no safeguarding concerns however the Court will consider each case on it’s own individual circumstances.
Contact us
Should you have any concerns in relation to taking your child away on holiday or any other family dispute you may have, we offer a free 30-minute consultation with a family law expert. Get in touch to speak with a specialist here.