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We’re all going on a Summer Holiday! – Or are we?

What if the other parent to your child does not agree that you should be able to take your child or children on a summer holiday? Whether it is in the UK or abroad, what can you do?

When you separated, you either agreed a schedule of time when the child or children would spend with each other, or didn’t agree, and obtained a Court Order setting this out. Most parents discuss school holidays as it is a long period of time, and usually takes both parents to cover childcare in those periods. Very rarely does a firm give such generous annual leave unless you too work in the education sector.

If there is no Court Order in place dealing specifically with school holidays, and you wish to take your child or children away, then the first step is to discuss it with the other parent. Do this as early as you can. They may have some plans, not yet finalised for the same days. Once you are aware that those dates are clear, then as much information as possible will assist. Where are you going, when are you setting off? How are you travelling, who else is going? Emergency phone numbers etc. An agreement for the child or children to ring the other parent at least once during a week away is also a good idea. This can reassure the parent at home that the child or children are having a good time.

If it is not possible to agree between the two parents, then legal advice may be necessary. There are several options available, but it is sensible to instruct an expert family Solicitor as soon as possible. Do not leave it until a matter of weeks before you plan to go away.

It is also sensible to obtain the parent remaining at homes written consent to take the child or children out of the country. Everyone with parental responsibility must agree to this, or it is classed as child abduction. Again, if this cannot be obtained between the two of you, then a family Solicitors assistance may prove to be necessary.

Communication and early planning is key.

Should you require any advice regarding this, or any other child related issue please do not hesitate to get in touch with a member of our experienced family team on 0333 305 7777.

We have offices across Lancaster, Barrow in Furness, Ulverston, Grange over Sands and Windermere. Face to face, MS Teams or telephone appointments can be arranged at your convenience.

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Judith O’Brien - Divorce & Family Solicitor

Written by:

Judith O’Brien

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