After separating, parents may be able to agree on the care arrangements for children, but holidays abroad can often be forgotten. It is important if you intend to leave the UK with your children that you are aware of the steps to be taken, as well as any potential consequences.
Do I need the consent of the other parent?
If you are planning a holiday abroad, you will usually need the consent of everyone who holds parental responsibility which of course includes the other parent. This also applies where perhaps a grandparent wishes to take a holiday with the children, they will need both parents’ consent.
We often advise parents to ensure travel details are provided to the other parent once consent is given as a courtesy. You could provide details of where you and the children are staying as well as flight details and any emergency contact details.
Can the other parent simply consent verbally?
In most cases, it is advisable to have the consent of the other parent in writing as it makes clear consent has been given. This could be in the form of a text message, email or a more formal signed consent form. Consent in writing also prevents a parent from trying to ‘rescind’ consent or claim it was never given, especially in contentious cases.
If you do not share a surname with your children, it can often be helpful to have the consent of the parent whose surname they hold in writing as it can avoid issues at the border. Some countries may query your relationship to the children if you do not share a surname.
However some countries and airlines also require a specific form to be signed by both parents if one parent is travelling alone with children.
What if the other parent says no?
If the other parent does not give consent for the children to leave the UK with you, you may need to seek the intervention of the Court by seeking a Specific Issue Order. Essentially, the issue would be left in the Court’s hands for determination as to whether permission should be given.
On the other hand, if you are the parent who does not believe consent should be given, you may seek a Prohibited Steps Order to prevent the children from being taken abroad. The Court would likely deem it unreasonable to refuse consent without good reason so it is important to carefully consider what would be in the children’s best interests.
In both cases, you should give thought to the position of the other parent. A parent may wish to travel abroad to visit family or a parent may refuse to give consent if you are taking the children out of school for a holiday. Try to put yourself in the position of the other parent and speak to one of our solicitors if you are unsure about instigating court proceedings.
I have a Child Arrangements Order, do I need consent from the other parent?
If there is already an Order in place, the necessity for consent will depend on the provisions of the Order.
Firstly, you should do your upmost to book any holidays within your own contact time or at least offer additional time to the other parent should their contact be disrupted.
If you are the ‘Lives With’ parent then often you do not need the consent of the other parent to leave the UK with the children and can do so for up to 28 days.
In any event, it is cohesive to a good co-parenting arrangement to liaise with the other parent when arranging any holiday. You would likely expect the same courtesy in return.
At E J Coombs, we regularly assist those seeking advice regarding child arrangements and have a wealth of experience dealing with more specific issues such as holidays. If you have any questions then please see our contact page or call us now.
