With the world opening up following the end of coronavirus restrictions, many parents are looking to take trips abroad this summer for what may be the first time in years but what are the implications for separated parents?
If both parents have parental responsibility (i.e. are named on the birth certificate or have obtained it through alternate routes) then they need to obtain permission from the other parent or person with Parental Responsibility to holiday abroad particularly where there are no Child Arrangements Orders in place.
Permission can be obtained by way of written consent by the other parent with parental responsibility. If the parents do not agree and consent is refused then the party wishing to take the child out of the United Kingdom will need to make an application to court to request permission.
Where a Child Arrangements Order is in place providing that the child lives with one parent then, that parent can take the child out of the United Kingdom for up to a month without obtaining written consent from the other parent. Despite this, it is advisable that parties endeavour to agree the holiday arrangements to avoid further animosity and to avoid the need for court intervention. If there is a ‘spend time with’ Order in place then the parent with the benefit of that Order must agree to vary the contact arrangement to facilitate the holiday abroad otherwise you will at risk of breaching a Child Arrangements Order despite having a ‘live with’ Order.
Ensuring that you have the appropriate documentation when travelling will reduce travel anxieties and will mean that you do not face unnecessary delays at the airport, particularly given the current unavoidable delays as a result of staffing issues. Our advice is that the parent taking the child on holiday should, in addition to obtaining a consent letter from the other parent, also take a copy of the child’s birth certificate to show who the absent parent is.
Where an application is made, the court are likely to take the view that a child should be able to leave the United Kingdom and enjoy a holiday with their parent if it is in their best interests unless the circumstances are out of the ordinary, in which case further consideration may be given to the trip in question. The court may require details about the holiday including dates, location, hotels and flight details.
Where the parent wishes to take the child to a non-Hague Convention Country then the situation differs and the court will need to consider the law of a foreign jurisdiction and consider security in respect of returning the child to their home country at the end of the holiday. These situations would need to be dealt with by a High Court Judge whereas ordinarily, they would be dealt with by your local court.
It is important to note that the family court have a considerable backlog and even in circumstances where the holiday is imminent, the court may not consider the application to be urgent as their view would be that this should have been agreed between parents beforehand. It is therefore advisable to ensure that any issues are dealt with at the earliest opportunity.
If you require further advice regarding the above, please get in touch with our specialist Family team on 08000 147720 or send us an email at family@ramsdens.co.uk to discuss how we can assist.