For separated parents, the rules around whether children can be taken on holiday either in the UK or abroad can often be a point of confusion. In this guide, we break down the different circumstances and what you need to know in each.
Travel within England and Wales
There is not usually a formal requirement for separated parents to need to give consent to one another to take children on domestic holidays within England and Wales provided the travel were to take place during agreed time or court ordered time within any Child Arrangements Order.
A domestic holiday should not interfere with children’s time (either agreed time or Court ordered time) with the non-travelling parent.
It is always good practice for parents to share travel and accommodation details with one another well in advance of any trip taking place in case of any emergencies.
International travel
Generally anyone with Parental Responsibility should be consenting to any children being taken put of the country. In certain circumstances such permission can be granted by the Court.
Failure to obtain the relevant permission may constitute child abduction under the Child Abduction Act 1984 which carries the potential for fines or imprisonment.
Child Arrangements Orders
Standard warnings on Child Arrangements Orders include provision for any parent who has a ‘lives with’ order made in their favour the ability to remove any child named on the order from the UK for a period of less than one month. This is on the basis that the Child Arrangements Order does not contain any clause which prohibits or restricts foreign travel.
Any trip should not impact upon Court ordered time with the non-travelling parent and the child and should also not impact on the child’s school attendance.
Despite consent not being technically required it would always be advised to provide advanced notice of any trip and provide details of flights, ferry crossings, hotel information and the duration of the trip.
Checklist: What is required at the airport?
- If necessary a letter of consent from the non-travelling party containing names of the children and travelling parent, dates of the outgoing trip, the destination of the trip and the expected return date, signed and dated by the parent giving their consent;
- Passports;
- A sealed copy of any Child Arrangements Order;
- Original or certified copies of child’s birth certificates;
- If necessary any change of name deeds to reflect any changes from the birth certificate;
- Details of return tickets
Parents are strongly encouraged to check individual airline and destination requirements before their trip and prepare well in advance.
Parents should also note that consent from the other parent does not override school attendance requirements. Any holidays taking place outside of school holidays face enforcement action from local authorities which often carry fines for unauthorised absences for children being taken on holiday during term time.
Refusing consent to a holiday
If no consent was given for a holiday an application to Court for a Specific Issue Order would need to be made well in advance of holiday taking place. The Court would require details of the trip along in order to make a decision on whether permission should be granted.
The Court are unlikely to refuse an application for a planned holiday so long as the trip poses no safeguarding concerns and there is no advice published advising against travel to the country where the proposed holiday is to take place. A sealed order would be made which should then be shown at the airport along with the other documents mentioned in the checklist above.
If a parent raised concerns that a proposed holiday was not safe and did not consent to this then they have the option to make an application for a Prohibited Steps Order which is an order which has the power to prevent travel.
If it was believed that a parent would make an attempt to flee the country with children then police should be called immediately who can assist in notifying airports/ports to put an alert out for the children’s names.
Do you need support?
Our Family Law team are here to help if you are a separated parent navigating taking your children on holiday or have concerns about your former partner taking children on holiday. To speak to a member of our team, call us on 0800 118 1500 or fill out a contact form below and our team will come back to you as soon as they’re available.
Glossary:
Parental Responsibility: Defined under the Children Act 1989 as all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. Parental responsibility is held by:
- Mothers;
- Fathers married to Mother at the time of birth or if married after birth;
- Unmarried Fathers if they are named on the child’s birth certificate;
- Other individuals such as legal guardians or adoptive parents through the relevant legal process to obtain parental responsivity.
Child Abduction: The unauthorised removal or retention of a minor from the child’s parent or legally appointed guardians. The Child Abduction Act 1984 made this a criminal offence without the appropriate consent being obtained.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Becky Hulme, Family Executive in our Family Law team.