Now we are finally allowed to leave the country again, the airports are full of people trying to get away and spend some time in the sun. If you are planning to take your children abroad during the summer holidays, do you need to obtain the other parent’s consent?
If you both have parental responsibility and there is no court order in place then you will need the other parent’s consent to take your child abroad, this applies even if you are still in a relationship but plan to travel alone with them. It is sensible to check the requirements of the country you are entering and always obtain a signed consent form beforehand.
If the other parent unreasonably refuses consent, then you can make an application to the court for a specific issue order. Consent should only be withheld where the holiday will place the child at risk and not because of the acrimonious relationship between the parents.
The situation is different if the court have previously been involved and there is a child arrangements order in place for the child to live with you. The parent with whom the child is ordered to reside can take the child out of the country for up to 28 days without the other parent’s consent.
In circumstances where consent is not required, it is still sensible to inform the other parent of your holiday details, such as hotel, flight times etc.
If you wish to discuss any issues raised above with a member of our family team then please get in touch on 01952 291666.
Laura Tarbuck, Associate Solicitor