If you are planning to take your child on holiday outside of England and Wales you will require permission from all of those with parental responsibility or permission from the Court. If there is a Child Arrangements Order granted by the Court providing that the children are to live with you, you are entitled to take your child out of the jurisdiction for a period of 28 days without the consent of others with parental responsibility. It is important to remember that an exception to this is where there is a Prohibited Steps Order in place, which prevents the removal of a child from the jurisdiction.
It may often be the case in an acrimonious separation that the other parent with parental responsibility will not consent to allow their child to leave the jurisdiction, it is possible to seek the permission of the Court to remove the child from the jurisdiction for a temporary period of time. This is known as Specific Issue order. Prior to any application being issued to the Court an attempt to mediate with the other parent to reach an agreement is not only necessary but also a legal requirement.
When it comes to booking your summer holiday there are no end of decisions to make including; the destination, dates, cost and duration. Being separated or divorced only adds to the complexity of this planning because you need to factor in your ex-partners commitments as well as your own.To be able to take a child on holiday abroad, you must seek permission from everyone with parental responsibility over the child.
Mothers are granted parental responsibility automatically upon the birth of a child. A father has parental responsibility if he is married to the mother of the child or is listed on the child’s birth certificate. Following a divorce or separation, both parents retain their parental responsibility.
Before booking a holiday, it is important to gain consent from the child’s mother and reach an agreement together with regards to the logistics. It is important to plan ahead because if an agreement is not reached and court involvement is required, it will delay matters.
The court’s primary consideration in granting permission will be the child’s welfare, assessing the applicant’s connection to the child, the merits of their application, and the potential impact of their application on the child.
If the relationship has remained amicable following a divorce or separation, it may be feasible to agree on holiday arrangements verbally.
Family mediation solicitors can support an alternative way of reaching an agreement if you and your ex-partner cannot agree on your own. A mediator helps both of you work towards an agreement and must remain impartial throughout the process.
If you are able to reach an agreement either directly or through mediation you can instruct a solicitor to draft a child arrangements agreement that you can both sign. Whilst not a Court order, this will detail the agreements reached and can be produced to the Court should there be any future disagreements.
If having tried mediation, an agreement still cannot be reached, it may be necessary to make an application to the court for a child arrangement order to be put in place. You must be able to evidence that you attended a mediation assessment meeting before applying to the court and if court proceedings do go ahead, be mindful that this can take some time and will not be actioned immediately.
If you do need to talk through your personal relationship circumstances with someone who’s completely independent and unbiased, please do talk to us. We’re here to help and advise you and help you through the personal problems you face. You can rely on our experience, expertise and emotional support to put you on the right course of action, a path that’s totally right for your situation.
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We have just had Christmas and blink, before we know it, February half term will be here. With this in mind Emma Piff, Head of the Family team at Lawson West Solicitors has put together some hints and tips to help individuals navigate the school holidays as a separated parent.
Have the winter blues got you thinking about planning your summer getaway? With January finally out of the way, weekend plans are filling up and many families are turning their attention towards this year’s summer holidays.
‘Schools out for summer’ is music to the ears for school children, less so for parents however. The prospect of having six weeks off school is really exciting but for parents, particularly separated ones, it can be a logistical nightmare. Juggling work commitments and child care arrangements can be a balancing act and when there is an ex-partner involved the level of complexity can often increase some more.
With the first school holiday of 2018 having already taken place, and the Easter break approaching quickly, many parents may be planning their next holiday with their children. But, when parents have separated this may not be an easy task. Consideration needs to be given to how much time the children will spend with each parent which can often lead to disagreements.
Whether it’s Christmas holidays, summer holidays or any other holiday time, for separated parents making arrangements to spend time with their children can prove to be very difficult. It is important to try and make these arrangements as soon as possible in the run up to any holiday period.
