Summer holidays are usually an exciting, if not a busy time for families. Children are looking forward to their break from school, parents are looking forward to some time away with their children; an opportunity to spend quality time together.
But when parents are separated, and no decisions have been made how time with the children will be shared, it can be a difficult and complicated time for families, particularly if one parent wishes to take them abroad.
Where both parents have parental responsibility, and one does not consent to the other taking the children abroad, the other parent is prevented from doing so in the absence of a Court Order permitting this.
If there is a Child Arrangements Order in place, the parent named in the Order as the parent with whom the child lives, can take the children abroad for up to 1 month without the consent of the other parent unless there is a Prohibited Steps Order or Specific Issue Order in place preventing them from doing so.
If a parent wishes to take their children abroad, they should discuss this with the other parent giving as much notice and information as possible, such as dates, flight details, accommodation etc. Planning ahead can assist in avoiding clashes in schedules, and give time for an application to the Court to be made if that proves necessary.
Where parents cannot agree, mediation should be considered, where appropriate. The Court encourages parents to reach an agreement between themselves, where possible, and parents can seek the help of a mediator if they need help with this. A mediator is a trained professional who remains neutral, to facilitate discussions between them.
Many parents are able to reach an agreement in a handful of sessions where both come to the table willingly. Some parents agree to share the summer holidays equally between them, where others find that alternating weeks fits better for their families. However, in the event that parents cannot reach an agreement on how the holidays should be divided, or indeed whether one parent can take the children abroad, an application to the Court may be necessary.
In that scenario, a parent would either apply for a Child Arrangements Order to confirm the arrangements for the children, and/or a Specific Issue Order, seeking the Court’s permission to take the children on holiday.
The Court’s primary concern will be the child’s welfare and what is in the best interests of the child.Permission to travel may be granted if the Court determines the holiday is in the best interests of the child. A parent may however be unsuccessful in their application for permission to travel, if there are genuine reasons why it is not in the child’s best interests to do so.
The key is to plan ahead to try and agree the arrangements with the other parent, and consider mediation if plans cannot be agreed with the other parent directly. Should Court proceedings be needed, the Court can consider applications urgently if the Court considers it necessary, but don’t leave it to the last minute to make arrangements, in order to try and avoid disappointment and minimise stress.
If you need any help with these issues, please contact a member of our family team here.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
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