Do separated couples need to check with each other before taking their Children on holiday?

Family Solicitors




Radmila Balac | Partner | Family Solicitor

Most people at this time of year start to turn their thoughts towards summer holidays, and this year appears to be no different notwithstanding the uncertainties caused by the current pandemic.  Many parents look forward to being able to take their children away to sunnier climes, but what is the position if the parents are separated?  

Many separated parents assume that if a child lives with them, and they have parental responsibility for their child, that they can take their child on holiday without needing the other parent’s permission.  In the vast majority of cases, the other parent is happy to see their child go off on a holiday and raises no objections.  What about those instances, however, where one parent does not want their child to go, especially if it means going abroad?  Their objections may be because they have concerns about the safety of the proposed destination, for example, and the actual travel arrangements, which can be understandable especially during these times and caused anxiety for a number of parents during summer 2020.  In the face of such objections, is the other parent entitled to take the child on holiday anyway?  

The answer may well depend on whether there is a Child Arrangements Order in place stipulating that the child lives with the parent who wishes to take them on holiday.  In that instance, the parent with the benefit of the Order may take the child outside the UK for a period of up to 4 weeks. How do I get a Child Arrangements Order?  

To find the answer to that question and to many other questions relating to arrangements for your children when you are separated from their other parent, please contact the Josiah Hincks Family Team. Jonathan Foster, Radmila Balac and Dawn Salter are all experienced Family Solicitors and members of Resolution who can advise and assist you in a conciliatory and non- confrontational way, with the best interests of the children always in mind.

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