My Ex Will Not Agree to Me Taking the Children Away on Holiday, What Can I Do?
If there is a Child Arrangements Order providing for the child or children to live with you, the “lives with” order allows you to take your child abroad for up to 28 days without seeking the other parent’s consent, even if that parent shares Parental Responsibility for the child/ren with you.
Can I take my child on holiday if the is no Child Arrangements Order?
If there is no Child Arrangements Order stating that a child or children lives with you, and agreement for the holiday is not forthcoming, then you will need to make an application to the Court for what is known as a Specific Issue Order.
Contact us today
Contact us today to discuss your specific situation and to apply for a Specific Issues Order. You can contact us via phone on 020 8514 9000, by email at allinfo@edslaw.co.uk, or by completing the online form where one of our team will be in touch.
What is a Specific Issue Order?
A Specific Issue Order is an order made under section 8 of the Children Act 1989 to resolve a particular issue in any dispute relating to a child. It covers disputes about medical treatment, change of name, an aspect of education, whether a child can relocate within England and Wales or overseas, and decisions about holidays abroad.
How do I apply for a Specific Issue Order?
In your application, you will need to provide as much detail for the trip as possible, such as the purpose of the trip, accommodation and travel details, departure and return dates. It may also be sensible within your application to include provision for future holidays to avoid having to make repeat applications for the same issue. Generally, the court will grant such an application, unless it considers the proposed holiday is not in the child’s best interests.
You should also consider the child’s travel documents, such as their passport, so your application might need to include specific provisions for the release and return of the passport to ensure the holiday can proceed trouble free.
If you application is successful, then your holiday can proceed.
What happens if I take my child on holiday without permission?
If you were to take your child on holiday without the other parent’s consent, you could be liable for criminal charges and accused of abducting your own child. Child abduction is the unlawful and unauthorised removal or retention of a child from the care of their parents or legal guardians. It is considered child abduction if a parent takes a child out of the UK without the consent of those with parental responsibility, or a court order permitting the removal.
Under the Child Abduction Act 1984 it is a criminal offence to take or send a child under the age of 16 out of the UK without the appropriate consent. You could face up to 7 years in prison if found guilty. It is therefore imperative you obtain the necessary consents from your ex to ensure trouble free travel.
Parental Responsibility: What is it and how is it gained and lost
If you have Parental Responsibility, under the Children Act, you have certain rights and responsibilities in relation to a child, along with certain obligations.
If you don’t have Parental Responsibility, then you still have a duty to financially support your child, but you do not have the authority to make important decisions about their life.
Speak to Our Family Law Solicitors
If you are unable to agree with your ex about taking your child abroad, our experienced family law solicitors can provide clear, practical advice about your options. We can advise on Parental Responsibility, Child Arrangements Orders and applications for a Specific Issue Order where court permission may be required.
Contact Edwards Duthie Shamash today to discuss your circumstances in confidence and find out how our family law team can help you resolve your dispute.
Child Arrangements Order FAQs
If you have a Child Arrangements Order stating that your child lives with you, you can generally take them abroad for up to 28 days without the other parent’s consent. If you do not have such an order, you will usually need the consent of everyone with Parental Responsibility or permission from the court.
At Edwards Duthie Shamash, our family law solicitors can advise you about your rights and whether you need your ex’s consent or a court order before travelling. Contact our family law team today for advice about taking your child abroad.
If your ex will not agree to the holiday, you can apply to the Family Court for a Specific Issue Order. The court will consider whether the proposed holiday is in your child’s best interests and may require detailed information about the trip.
The family law solicitors at Edwards Duthie Shamash can help you understand your options and, where appropriate, assist with making an application to the court. Get in touch with our team today to discuss your proposed holiday and the steps you may need to take.
You will need to make an application to the Family Court, setting out details such as the destination, purpose of the holiday, travel arrangements, accommodation and departure and return dates. You may also need to address arrangements for your child’s passport.
Edwards Duthie Shamash can provide practical family law advice and help you understand what information you will need to provide when applying for a Specific Issue Order. Contact our family law solicitors today if you need help resolving a disagreement about taking your child abroad.
Yes. Taking a child out of the UK without the required consent or a court order can amount to child abduction and may be a criminal offence. The consequences can be serious, so you should obtain the necessary permission before travelling.
If you are unsure whether you have the necessary permission to travel, Edwards Duthie Shamash can advise you about Parental Responsibility, Child Arrangements Orders and permission to take your child abroad. Speak to our family law team before making travel arrangements to ensure you understand your legal position.
Potentially. When considering an application for a Specific Issue Order, it may be possible to ask the court to make provisions covering future holidays, depending on the circumstances. This could avoid the need to make a new application every time you want to travel abroad with your child.
The family law solicitors at Edwards Duthie Shamash can advise you on whether it may be appropriate to seek arrangements covering future holidays. Contact us today to discuss your circumstances and find out how we can help.