With the summer holidays fast approaching many of you will be thinking about booking a holiday abroad. However, for those of you who are separated then if you want to take your child/children out of the jurisdiction (abroad) then you will need the consent of anyone who has parental responsibility (usually the other parent). The only exception to this is if you have a Child Arrangements Order specifying that the child will live with you meaning that you can take your child abroad for a period of up to 28 days without needing the required consent.
If you are planning a summer holiday and are in a situation of needing consent from the other parent or anyone else then please plan ahead and try to get that consent as soon as possible. The last thing you want is to be faced with having to make an application to Court to allow you to take your child on holiday if consent is not forthcoming. The likelihood is given the Court makes any decision based on what is in the child’s best interests the Court would probably grant you the required Order provided the trip is to a safe country and you are able to provide full travel documentation in relation to the holiday booking. However, a Court application does take time and therefore if you are likely to be in a situation where this will be required then you should ensure that you deal with this as soon as possible rather than leaving it until the last minute and risking the holiday having to be cancelled.
If you would like to discuss taking your child abroad or any other aspects of Family Law then please do not hesitate to contact any of our 6 offices where one of our Family Law Experts will be happy to assist.