Can I take my child on holiday with the current COVID-19 rules?
With the rules and restrictions regularly changing to help stop the spread of coronavirus, it can be unclear to some separated parents what this means for their child’s holiday arrangements. Our Family Solicitor, Megan Milburn, explains what your rights are as a parent when it comes to taking your child on holiday, and how the current pandemic may impact on any upcoming plans.
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.
Given the ongoing COVID-19 travel restrictions and requirement to quarantine after visiting certain countries, seeking approval from the court may be difficult at present. The courts have been known to refuse permission in recent cases, even if the proposed destination is exempt from the UK’s quarantine measures. This is possibly due to the risk that the travel corridor list could change at any time. It appears that the courts are currently being cautious when it comes to children travelling abroad as any difficulties in returning to the country, or possibly needing to self-isolate, would likely lead to a disruption of arrangements for the child and impact on the time the child gets to spend with the other parent.
For holidays in England and Wales, you may need to consider any possible local lockdown measures, and if you are intending to travel with others you will need to ensure that the number of people complies with the government restrictions at that time. This may also impact on whether your former partner would be willing to agree to your child going on holiday in England and Wales where their consent is required. In these circumstances, you can again apply to the court to make an order.
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.
