What are my separated parents’ holiday rights?
Can I take my child on holiday as a separated parent?
Coming to an agreement about foreign holidays is one of the most challenging aspects of co-parenting that separated couples face.
The starting point is whether or not you have parental responsibility for your children.
What is parental responsibility?
The key element that determines separated parents’ holiday rights is parental responsibility. Parental responsibility gives rights, responsibilities and decision making powers for children.
Do I have parental responsibility?
Whether you hold it or not will depend on your individual circumstances.
- A birth mother automatically has parental responsibility
- Birth fathers and second parents can acquire parental responsibility through marriage/civil partnership, birth registration, agreement or court order
Do I need to obtain permission from my ex to take our children away on holiday?
In order for children to go abroad permission is needed from all adults who hold Parental Responsibility. Mothers automatically have Parental Responsibility for their children but Fathers only do in some circumstances. It is important to understand who holds Parental Responsibility and obtain consent for foreign holidays.
The situation is a little different if you have a Child Arrangements Order specifying that your child is living with you or a Residence Order is in place. In that case, you can take the children out of the country for up to 28 days, without permission, unless the order says you cannot.
If the mother alone has Parental Responsibility and there are no orders in place then permission is not needed from anyone else. However, it is a good idea to speak to the other parent and reach agreement. A father can apply for Parental Responsibility, and then object to the holiday.
What if the other parent refuses to let me take my children away on holiday?
If the other parent does not grant permission for you to take your children on holiday then you will need to ask permission of the court.
What are the legal implications of taking my child abroad when separated?
If you take children out of England and Wales without permission of the people who have Parental Responsibility for the children, then you will be committing a Child Abduction offence.
Separated parent’s holiday rights: Is there anything else I should do to prepare for the trip?
It is helpful if you take a letter from anyone else with Parental Responsibility with you when you travel. The letter should include the other person’s contact information and confirmation along with details about the holiday.
If possible you should try and communicate with the other parent. If they do not want the child to go on holiday they can object and apply to the Court to prevent you from taking the trip. Equally, you could also apply to the Court to obtain permission to take the children on holiday.
If grandparents or other family members want to take the children on holiday then permission from all those with Parental Responsibility will be required.
Is permission required if the holiday is in the UK?
This depends on where inthe UK you plan to travel. If you are taking them on holiday within England and Wales, then no, you will not require permission unless there is already a Court order in place that states that contact with your child should take place at a certain time or a certain number of times per week, and the holiday will impact this. In this case, you need to ask permission.
However, if you would like to take the children out of England and Wales – to Scotland for example – you will need to ask permission first.
In any event, it is a good idea to inform the other parent of your intention to take the children on holiday, even if it is not abroad.
If you have any questions about separated parents’ holiday rights and taking your children on holiday, or if you would like to discuss your child being taken on a holiday by somebody else contact Hepburn Delaney today.
