Can I take my children on holiday if I am separated or divorced?
If there is a Child Arrangements Order stating that a child lives with one parent, that parent can take the child abroad for up to one month without the other parent’s consent.
If there are no court orders in place, then the separated or divorced parent must seek consent from everyone who have parental responsibility for the children.
Who has parental responsibility?
The following people have parental responsibility:
- A mother automatically has parental responsibility for her child from birth.
- A father has parental responsibility if he is either is or was married to the child’s mother, or is named on the birth certificate.
- A person who has obtained a Parental Responsibility Agreement or Parental Responsibility Order from the court.
How should I get consent?
The best way is to obtain consent is by obtaining a letter of parental consent. A letter of parental consent is a document used when travelling with a child under the age of 18, particularly in situations where both parents are not present. The letter provides proof that both parents agree to the child’s travel.
A letter of parental consent should include the following information:
- The child’s full name, date of birth and passport number.
- The dates of the holiday and accommodation details.
- The letter should specify the activity and the duration of the consent.
- The identity and contact details of the parties involved, and their relationship to the child.
- The letter should be signed by all the parties that hold parental responsibility.
Does the letter of parental consent need to be notarised?
While not all countries require notarisation or certification of a letter of consent, to avoid any potential complications during international travel with a child, it is recommended to do so. Notarisation ensures the authenticity of the document and can prevent issues with immigration authorities.
Can I stop my ex from taking our child on holiday?
Unless there is a Child Arrangements Order in place, the consent of all those with parental responsibility is required to child abroad. Withholding consent can prevent the holiday.
If a parent suspects the other parent is planning to take their child abroad without consent, or has serious concerns about a child’s safety or wellbeing regarding the holiday, they can apply to the court for a Prohibited Steps Order. The court will consider whether the holiday is in the child’s best interests.
Serious concerns can include that the destination country is unsafe to visit due to political instability, war, health risks, or other dangers.
Another serious concern could be that the child is at risk of child abduction or kidnapping, especially if it is to a country that is not party to international child abduction treaties.
A court could also stop a child from being taken on holiday if the travel would interfere with the child’s schooling or important educational milestones.
Finally, a trip may be refused if the travelling parent fails to provide adequate details about the trip, accommodation, or return plans.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal injunction issued by a court to prevent a parent or someone with parental responsibility from making certain decisions or taking specific actions regarding a child without the court’s permission.
Some common reasons for a Prohibited Steps Order include:
- Prohibiting a parent from taking a child out of the country without the court’s consent. The court may order the child’s passport to be held safely to prevent international travel.
- Preventing a parent from relocating with a child to a different area within the United Kingdom, or moving abroad without permission.
- Changing or altering a child’s name.
- To prevent a parent from changing schools without agreement.
- Restricting contact between a child and a person who may harm or pose a risk to the child.
- Restricting a parent from making certain medical decisions for a child.
A Prohibited Steps Order is designed to protect a child’s welfare and best interests, and will last until the child reaches 18 years of age.
In deciding whether to make a Prohibited Steps Order in cases involving international travel with a child, the court will weigh the benefits of the trip against potential risks to the child’s welfare.
I have asked for consent, but my ex will not agree – what can I do?
If you do not have a Child Arrangement Order stating that a child or children lives with you, you can make an application to the Court for a Specific Issue Order. As long as the holiday is in the child’s best interests, and you can provide details of the trip such as the dates, return travel documents and specific travel details – a Court is unlikely to refuse permission for a child to go on holiday.
The mention of a Specific Issue Order may be enough to encourage your ex to change their mind and provide their consent.
What is a specific issue order to take a child on holiday?
A Specific Issue Order for taking a child on holiday is a court order that grants permission for a parent to take their child abroad when the other parent with parental responsibility does not agree. The order is designed to provide a clear resolution on any disputes between parents or guardians.
When applying for a Specific Issue Order, the Applicant must demonstrate that the proposed trip is in the child’s best interests. The court will consider factors such as:
- The purpose and duration of the trip.
- The practicalities of the trip such as travel and accommodation arrangements.
- Whether the trip will significantly disrupt the child’s education, or their relationship with either parent.
- Any potential risks or concerns.
If granted, a Specific Issue Order can be for a specific holiday or more generally for future travel arrangements to avoid having to make an application each time.
What would happen if I took my child on holiday without consent?
Unless you have an order stating that the child lives with you – you must seek the other parent’s consent when travelling with children. Failure to do so could lead to potential criminal charges for child abduction.
You could also be refused entry into your destination country without the necessary documents. A trip abroad without consent is also likely to have legal repercussions for future trips.
What is child abduction?
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. Penalties for child abduction can include up to 7 years in prison.
My child has been taken on holiday and not returned.
If a child has not been returned back to their usual home after their holiday there are several steps that should be taken:
- Calmly contact the adult who is travelling with the child to convince them to return the child home. Make sure you keep all messages and emails and other communications as evidence.
- If the child has been wrongfully retained in a country that is a signatory to the Hague Convention, proceedings can be brought for the child’s return. The Hague Convention aims for the prompt return of abducted children to their country of habitual residence.
- Contact the charity Reunite, who specialise in international child abduction cases, for advice and support. They will be able to recommend a child abduction specialist.
- Do not wait too long to begin legal proceedings for the return of the child. The longer you wait to start court proceedings the more difficult it may become to convince a court that your child should be returned back to the country they were previously living in.
- Legal aid is available for cases of abduction from the UK, depending on an assessment of financial means and the merits of the case.
Do I need parental consent if I wish to take children on holiday in the United Kingdom?
If the holiday is likely to affect or infringe child arrangements such as contact with the other parent, it is a good idea to obtain the consent of the other parent to prevent any difficulties.
It should also be remembered that Scotland and Northern Ireland are technically considered outside of the jurisdiction of England and Wales, so any holiday outside of England and Wales would require parental consent to travel there.
If the holiday involves any absences from school, the consent of the other parent would be required to take the children out of school for a holiday. Unauthorised holidays during term time may also result in a parent or parents being issued a fixed penalty notice by their local authority.
Do I need parental consent for a school trip?
Parental consent is required from everyone with parental responsibility even if your children are going away without you, for example on a school trip. School trips that involve overnight residential stays, overseas trips, and trips involving adventurous activities typically will always require specific parental consent for the trip.
If separated or divorced parents disagree about giving consent, the parents may need to seek a Specific Issue Order to resolve the issue.
Who legally owns a child’s passport in the United Kingdom?
A child’s passport is generally considered to be owned by the child themselves. There is no specific rule in family and child law regarding who should hold a child’s passport. Typically, the passport is kept by the parent with whom the child lives with.
To apply for a passport, you must get consent from all those with parental responsibility.