Holidays are a special time for most families, whether taken in the UK or abroad. When couples separate it can cause difficulties where one parent wishes to take the children on holiday and the other does not agree.
It is always best to try to agree matters with the other parent either directly or through mediation. The parent seeking to take the children on holiday should provide the other parent with plenty of notice and both parents should be reasonable and keep in mind what is best for the children. Unfortunately, opinions will sometimes differ as to what is best for the children.
The legal position is that if the parents share parental responsibility (which will usually be the case if the father is named on the birth certificate) they will require the permission of the other to take the child out of the UK, or failing such permission, an order of the court (known as a Specific Issue Order).
If one parent has a Residence Order or Child Arrangements Order confirming that the child lives with them, they are able to take the child abroad for up to a month without the consent of the other parent.
If you are having difficulties arranging holiday plans for your children or any other issues please contact E J Coombs, specialist family law solicitors, for more information.
