Summer 2023 Family Law Travel Guidance for Separated Parents
Have you made plans for the school summer holidays yet? If you are a separated or divorced parent it is best to plan ahead. That way you have time to get your former spouse or ex-partner’s agreement to your taking your children away on holiday or time to get a court order if the other parent objects to the holiday.
Permission or a court order is necessary because the law says that in most situations you can't take your children out of the UK unless you either have parental consent or a court order.
Online and London Family Law Solicitors
For family law advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
You can't afford to get it wrong
Some parents think they can make last-minute plans to get away for the annual summer break but it isn’t always that simple if you are separated or divorced. That’s because you may need to negotiate contact time so you can take your children away on holiday on your preferred weeks or you may need your former partner’s consent to your holiday.
If you get the law wrong you risk:
- Being accused of child abduction – this is possible even though the children are yours and even though you may not have understood the law on child abduction
- Being told you can't get on the plane or travel overseas with your children – causing upset to your children and wasting your money spent on airfares, hotels, etc
- Upsetting your ex-partner – whilst you may not be too worried about upsetting your ex-partner it can be counterproductive as they may then be more likely to refuse requests for additional contact or if you ask for their agreement to let you take the children abroad on holiday again
When do you need permission from an ex-partner to allow you to travel abroad with your children after your divorce?
Most separated and divorced parents need the consent of their former partner if they want to take their children overseas on holiday. It doesn’t matter that you are only going to France, or that the children are in their teens and want to go, or that you have taken the children abroad on holiday before, or that you are the main day-to-day carer of the children – you may still need permission.
The only situation where you don’t need your ex-partner’s consent to take your children abroad on holiday is where you have a child arrangement order in place and the court order says the children live with you. If you have that type of child arrangement order the law says you can take your children overseas for up to 28 days without first needing to get your ex-partner’s agreement or a court order.
Family law solicitors warn that the situation is more complicated where there are others, in addition to your ex-partner, who have parental responsibility for your children. That’s because every person with parental responsibility needs to give their agreement to you taking the children abroad on holiday.
If you aren’t sure if you have parental responsibility, or whether step-parents or extended family members (if children live with them) have parental responsibility, then our family law solicitors can advise you about your rights and explain whether and from whom you need to get permission from to take your children out of the UK. Call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
What happens if you can't get the agreement of your ex-partner to take your children abroad on holiday?
If you can't get the agreement of your ex-partner to take your children abroad on holiday then take legal advice from a family law solicitor. You should not just continue with your plans as you may be committing a criminal offence of child abduction. You could be prevented from leaving the UK with your children and your ex-partner could use your failure to comply with the law as a reason for refusing any additional holiday requests.
Family law solicitors say if a parent won't agree to your taking your children out of the UK on holiday that it is worth trying to resolve matters with a letter from a family lawyer to explain your holiday plans and the consequences of refusal, namely a court application for an order. Sometimes when a parent takes legal advice and realise that they also need permission to take their children overseas this makes them more reasonable as they want to be able to enjoy foreign holidays.
Applying to the family court for a holiday order
Ultimately, if a parent won't give their agreement you can apply to the court to secure court permission so you then don’t need the other parent’s agreement to take your children abroad on holiday.
When considering whether to give permission the court will look at what order is in the children’s best interests. If a parent says they are objecting to your taking the children abroad because you are not a British citizen or because you have family who lives overseas then you can counter those arguments if your home and your job are in the UK and you can show that you are settled in the UK.
Family law solicitors recognise how frustrating it is to be told no when all you want to do is spend some quality time with your children during their school summer holidays, preferably in a warmer climate than the UK. If you are not a British citizen you may want your children to meet their extended family or experience a little of your heritage and culture by visiting your country of birth.
At OTS Solicitors we specialise in children law applications involving international families and regularly advise on holiday orders, relocation orders, and allegations of child abduction.
Online and London Family Law Solicitors
For family legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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