The Government in 2019 announced it is looking at overhauling the laws
Have you made plans for the school holidays yet?
If you are a separated or divorced parent, it is a good idea to plan in advance. You will need your former spouse or ex-partner’s agreement to your taking your children away on holiday or time to get a court order if the other parent objects to the holiday.
Permission or a court order is needed because the law states that in most situations you can't take your children out of the UK unless you either have parental consent or a court order. Getting this wrong may mean you can’t go on holiday. .
Making last-minute plans to go away for a break, during the school summer holidays or elsewhere in the school year, isn’t always that simple if you are separated or divorced. You may need to negotiate time so you can take your children away on holiday on your preferred weeks or you may need your former partner’s consent to your holiday..
- Being accused of child abduction – this is possible even though the children are yours
- Being told you can't get on the plane or travel overseas with your children – causing upset to your children and wasting your money spent on airfares, hotels, etc.
- Upsetting your ex-partner – whilst you may not be too worried about this it can be counterproductive as they may refuse future requests for additional contact or if you ask for their agreement to let you take the children abroad on holiday again
When do you need permission from an ex-partner to allow you to travel abroad with your children after your divorce?
Most separated and divorced parents need the consent of their former partner if they want to take their children overseas on holiday. It doesn’t matter that you are only going to Germany, or that the children are in their teens and want to go, or that you have taken the children abroad on holiday before, or that you are the main day-to-day carer of the children – you may still need permission.
The only time where you don’t need your ex-partner’s consent to take your children abroad on holiday is where you have a child arrangement order and the court order says the children live with you. If you have this type of court order the law says you can take your children overseas for up to 28 days without first needing to get your ex-partner’s agreement or a court order.
Be aware too that the situation is more complicated if you have children by more than one father because every person with parental responsibility must give their agreement to you taking the children abroad on holiday.
What happens if you can't get agreement to take your children abroad on holiday?
Firstly, take legal advice from a family law solicitor. Do not continue with your plans as you could be prevented from leaving the UK with your children and your ex-partner could use your failure to refusing future holiday requests.
It is worth trying to resolve matters with a letter from a family lawyer to explain your holiday plans and the impact of refusal, namely a court application for an order. Sometimes when a parent takes legal advice and realise that they also need permission to take their children overseas this makes them more reasonable as they want to be able to enjoy foreign holidays.
Applying to the family court for a holiday order
If a parent won't give their agreement you can apply to the court to obtain permission so you then don’t need the other parent’s agreement to take your children abroad on holiday.
When looking at your application the court will look at what order is in the children’s best interests. If a parent says they do not want you to take the children abroad because you are not a British citizen or because you have family who lives overseas then you can counter those arguments if your home and your job are in the UK and you can show that you are settled in the UK.
Family law solicitors recognise how frustrating it is to be told no when all you want to do is spend some quality time with your children during their school holidays, preferably in a warmer climate than the UK. If you are not a British citizen you may also want your children to meet their extended family or experience a little of your heritage and culture by visiting your country of birth.
If you need advice on this or any other family law issue contact Elisabeth Sneade at Edmondson Hall Solicitors Newmarket on 01638 560556 or elisabeth.sneade@edmondsonhall.com
