With the changes to the government travel guidance occurring earlier this week, some separated parents may now wish to consider taking their children on holiday abroad.
Do I require my ex’s permission to take my child on holiday?
If you and your former partner share Parental Responsibility for your child, and there are no court orders in place already, then neither of you can take your child abroad without the consent of the other. This also applies to any other person who has Parental Responsibility for your child, such as a step-parent.
Permission from your former partner is not needed if the holiday is within England and Wales and booked on dates that fall within any agreed arrangements for your child. If the holiday falls on your former partner’s dates with your child, then you will require their consent to change the arrangements, but such consent should not be withheld unreasonably.
You do not need permission from your former partner if they do not have Parental Responsibility for your child, but you may wish to consider obtaining their consent in any event so as to avoid any potential conflict.
What if I have a Court Order?
If you have a Child Arrangements Order in place which states that your child lives with one parent, then that parent is permitted to take the child abroad for up to one month without the consent of the other parent. Additionally, if you have a court order which specifically grants permission for your child to be taken abroad, then consent from the other parent is not required.
Do I have Parental Responsibility?
A mother will automatically have Parental Responsibility for their child. A child’s father will have Parental Responsibility if he was married to the mother, or if unmarried, his name is on the child’s birth certificate (if the child was born after the 1 December 2003). If you have jointly adopted a child, both parents will have Parental Responsibility. In any other case, a father will not have an automatic right to Parental Responsibility without an order from the court or without entering into a Parental Responsibility Agreement with the mother.
What if my ex will not give their consent?
In the event your former partner refuses you permission to take your child on holiday, you can apply to the court to make an order. The court will consider the application and determine whether it is in your child’s best interests to go on holiday.
As those who are fully vaccinated and children under the age of 18 now no longer need to quarantine after visiting amber list countries, there may be less chance of disruption of arrangements for a child, or the time they spend with the other parent as they will no longer need to self-isolate. There is, however, the risk that a country could move from the amber list to the red list at any time, which the court are likely to take into consideration.
If you wish to go on holiday within England and Wales where your former partner’s consent is required, you can again apply to the court to make an order granting you permission to take your child on holiday.
Need our help?
If you are concerned about whether you have Parental Responsibility for your child or wish to take your child on holiday and need advice, do not hesitate to contact us today.
