As the summer holidays approach, we know it can be a challenging time of the year for separated parents, especially when your relationship with your co-parent is fractured and made even more unbearable when it comes to discussing plans for the children over the holidays. We understand this can be a strenuous task for many separated parents so below our experts share some top tips if you are considering travelling abroad with your children as a separated parent.
We often come across separated parents asking questions pertaining to whether consent of the other parent for specific holidays is needed. It is important to note, if you have a Separation Agreement or Parenting Plan in place, it may specify holidays or any other special occasions and stipulating what the arrangements are. However, if you do not have an agreement in place, where both parents share parental responsibility of the child, then you must seek the permission from the other parent before travelling and removing the child from the UK.
Below you will find some practical issues that you may come across and what we recommend you should consider when trying to make the process as smooth as possible in preparation for travelling abroad with children as a separated parent.
Act promptly and accordingly
Before making any plans to go away with the children, it is always best to inform the other parent of the plans you have for the children over the summer holidays. You should consider speaking with the other parent, and come to an agreement before officially booking any flights or accommodation.
If you are considering asking the other parent at the last minute, this may cause unnecessary conflict and by leaving things to the last minute may work against you and the arrangements you have made for the children. Additionally, by delaying asking the other parent may provoke them into reacting in a certain way which may be least favourable to you, so it is always best to approach the situation as honest and promptly as possible.
Communicate effectively
Where both parents share the parental responsibility of a child (if you are unsure whether you have parental responsibility click here) you must obtain the permission from the other parent. However, if there is a child arrangements court order in place stating the child is to live with them, then that parent has permission to take the child away for a period of up to 28 days without the consent of the other parent. However, you should still communicate with them so they are aware and know where your child will be.
It can also be helpful to provide the other parent with additional information about your holiday, e.g which other persons you are travelling with/ where it is your travelling to / flights etc. If you are involving the other parent in discussions in relation to the plans you have, they may feel more relaxed and more inclined to agreeing to taking your child away on holiday.
What if the other parent does not agree?
If they do not agree with taking your child out of the jurisdiction, 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 are entitled to make an application to the Court, for permission to take your child on holiday. If you both cannot come to an agreement, or you require further advice you can speak with one of our specialists who will provide you with expert legal advice.
Can a parent withhold a child’s passport?
If the other parent withholds the child’s passport and you are in a situation whereby the holiday has been booked and the date is drawing near, it will be necessary to make an urgent specific issue application to the court for the passport to be released.
Ultimately, the court’s paramount concern pertains to the safety and welfare of any child and what is in their best interests. The court will consider each case based on it’s own individual circumstances.
Contact us
We hope you found this blog useful, however if you require further advice as a separated parent, please do not hesitate to get in touch.