Can I take the children on holiday?
Planning a holiday can be a stressful even for those in a happy relationship but for separated parents it presents greater complications than should we go “all inclusive or self catering” or “lying on a beach holiday vs. activity holidays”!
Before you even think about booking a holiday, you will need to be aware of the legal implications and address them well in advance of your planned trip.
If you are planning to take children under 16 out of the United Kingdom, you will require oral or preferably written consent from any other person who shares parental responsibility for the children. In most cases, to remove a child from the United Kingdom without consent is illegal.
Inform any person who has parental responsibility for the children as soon as possible and ask them for their written consent. You should provide a written list stating where you are going and on what dates you are travelling, flight and accommodation details and contact telephone numbers.
However if consent is refused, you can make an application to the court for permission to remove your children from the jurisdiction of the United Kingdom. This is best avoided for both parties as it is usually a stressful and costly exercise, especially as a court will rarely deny children the chance of a holiday provided it is satisfied that there will be no risk to the children and that it is satisfied the children will be returned to the United Kingdom by a specified date. The important thing is to ensure that if an application needs to be made to the court that it is done in good time before the holiday.
If you need advice regarding removal of children from the United Kingdom either for holidays or if you are considering a more complicated issue of relocating to another County, please do not hesitate to contact us so that we can advise you of the procedures required in law and help you avoid any unexpected complications.
For more information, please contact a member of our Family Law Team on: 01905 721600