Do I need my ex’s permission to take my child on holiday?

Some schools are opening up their classrooms again, some are not, but as the lockdown continues to ease, we are hearing from parents about strong disagreements as to the best way forward.

If parents cannot agree arrangements for their child or children, an application can be made to the court for a remedy. Parents can also apply to court in relation to a Specific Issue, and the court can address the issue of whether or not a child should return to school during the pandemic.

If you are affected by any of the issues outlined here, please do get in touch today. We are here to help.

Parental responsibility

If only the mother has parental responsibility, and again there are no Court orders in place, then permission is not necessarily needed to take a child abroad on holiday.  That being said, and with your child’s best interests at heart, consultation should always take place with the other parent (if they are in regular contact with the child) in order to reach an agreement that is right for everyone.   As a father without parental responsibility, should you not agree to your child being taken abroad, you can apply to the Court for a Parental Responsibility Order and a Prohibited Steps Order to prevent the trip.

Taking a child on holiday

What if my children’s grandparents want to take them abroad on holiday?

Should other members of the family, such as a grandparent, wish to take a child abroad, then it is worth noting that permission will be needed from both parents who have parental responsibility, and not just from one.  Again, it’s really helpful if you can maintain good relationships with everyone in your extended family, but if that isn’t the case, then we recommend getting good legal advice well in advance of any proposed trip.

What if my child has a surname different from my own?

You also need to be aware that customs officers may insist on extra checks where a child is travelling with somebody who has a different surname to them. In these circumstances and in order to avoid any hold ups, it is always useful to take additional documents to the airport with you which can help to verify your child’s connection to you, such as the child’s birth certificate (which may provide the details of both parents’ surnames) and/or your marriage certificate (which will show the surnames before the marriage) and any existing court order and so on.

What is important is communication, and trying to agree any travel arrangements between you and the other parent in advance.  This is not always possible, but if it can be achieved, it will avoid any applications to the court being necessary.

 

If you think you may be affected by any of the issues outlined here, please do get in touch with us immediately, so that we can help you.

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