School’s out for Summer!
Before we know it, summer will be upon us, and the long school Summer holidays will stretch out before us. At this time of year, we are frequently asked about what parents, who are no longer together, can do, in relation to their children and going on holiday.
Some parents manage this arrangement quite happily with no other involvement. Some have been to court and have quite clear court orders stating who the children will be with on which week. It can also provide for holiday contact. This means that those parents can plan ahead and book holidays in their week or weeks. Taking the court order with you would be a good precaution.
However, parents who have recently separated are unclear. If there is no court order, and you both have parental responsibility for your child or children, you should get the other parent’s permission. This is if the holiday is abroad. Strictly speaking, permission is not needed if the holiday is in England or Wales and in the usual week or weeks you have agreed to have your children, but it is good parenting nonetheless. This would avoid any potential conflict and if there is an emergency whilst on holiday, the other parent will be aware of where you are and why.
Of course, the other parent could always refuse consent. Sometimes there will be a valid reason, which should be taken on board. If, however, you feel they are acting unreasonably, then you can apply to court for a specific issue order. This means the court will consider the application for that one issue only and determine whether it is in the child’s best interests to go on holiday. Proper organisation therefore and information provided may avoid this. Dates of flights, location, hotel, and who else is going to assist with childcare etc. If both parents cannot agree then mediation is a good place to try and resolve the issue. If time is of the essence, however, then an application to court may be the only option.
Each country has different rules, as to whether you need some form of proof, that the other parent agrees to you taking the children out of our country and into theirs. It is worth checking the specific requirements of each country. Some airlines helpfully have their own forms to complete in advance by both parents.
Some problems can arise if the parent travelling with the child has a different surname to the child. This could be due to the parties never marrying, or the Mother reverting to a maiden name after separation. It is always wise, therefore to check the requirements, before seeing off on your holiday.
Should you have any queries or need advice in relation to this issue, do not hesitate to contact a member of our experienced family team on 0333 305 7777 or info@progressionsolicitors.com.
The content of this article does not constitute legal advice and should not be relied upon. Content may be subject to change and we accept no liability for individuals relying on the information within this article. Contact a member of our team for legal advice tailored to your individual needs.
