A question we are asked a lot is ‘can I take my child abroad for a holiday without the other parent’s agreement?’
Where a ‘live with order’ or ‘residence order’ is in place, that parent (the one with the order) can take the child abroad for up to 28 days without the other parent’s consent.
In those circumstances we would always still advise the resident parent to tell the other parent where the child is going and staying. This is simply a common courtesy.
Most parents however do not have a residence or live with order. They therefore need to obtain the other parent’s consent to a holiday abroad. A Judge would expect parents to exchange the holidays details, where the child is staying, flight details and contact telephone numbers. The handing over of the child’s passport may also need to be arranged.
If the other parent refuses to agree to the holiday, the parent wanting to take the child away can make an application to the court for permission. Generally speaking, Judges want children to go on holiday with a parent, so tend to have a positive frame of mind to these applications.
If you need any further help with this issue, please get in touch with us.