By Kim Mapperson, Solicitor
A question family law solicitor’s often get asked is whether as a separated parent you are allowed to take your children on holiday. This question is usually asked where there is no consent of the other parent. Although it is advisable that you speak to a solicitor as everyone’s personal circumstances
are different, we have prepared an overview which may be of assistance.
Parents can take their children on holiday in England and Wales without the permission of the other parent, or any third party who has parental responsibility. This is strictly providing there is not an Order of the court preventing you from doing so.
A parent must also bear in mind that if there is a Child Arrangements Order made in respect of the children this must be adhered to first and foremost. For example, you should not take your children on holiday over a weekend where the other parent is to enjoy contact under the terms of the Court Order, unless you have their express consent.
If it is that you wish to take your child out of the jurisdiction of England and Wales you will usually require the consent of all those with parental responsibility or permission of the court. Where, however, there is a Child Arrangements Order made stating that the children are to live with you it
may be possible to take the children out of England and Wales for a period of up to 28 days without the consent of those with parental responsibility.
However, where there is a Prohibited Steps Order preventing you from doing this you should not take the children on holiday.
Where matters are contested, and one parent will not allow the other to leave the jurisdiction it is possible to seek permission from the court. Here at Onions & Davies we can assist in obtaining this consent on your behalf.
These matters can be complex and confusing so please do not hesitate to contact us for legal advice relating to any issue regarding children and we will be happy to be of assistance. Please call Sharon on 01630 652405.