If you are named as a person with whom a child lives under a Child Arrangements Order or a Residence Order, then you are allowed to take a child out of England and Wales for up to 28 days. This can be without the consent of anyone with parental responsibility provided there is no Court Order in place which prevents you from removing the child from the jurisdiction.
If you do not have either a Child Arrangements Order or a Residence Order then you do require the permission of anyone else with parental responsibility before you can take a child (under 16) abroad.
I’m separated from my partner and would like to take our son on holiday abroad, but my ex is causing problems – what can I do?
If your ex-partner refuses to give you their consent, then it is possible to seek the permission of the Court to remove the child from England and Wales for a temporary period by applying to the Court. This is what is known as a Specific Issue Order to request the Court’s permission to take a child on holiday abroad. A Court will grant permission if it can be demonstrated that it is in the best interests of the child to go on the holiday. It is a legal requirement to attempt mediation with the other person with parental responsibility to try to reach an agreement before any Court application is made.
Criminal Offence
It is also a criminal offence under the Child Abduction Act 1984 for a person to take or send a child out of the country without the appropriate consent from anyone else with parental responsibility for the child.
For further information on your legal rights to take your children abroad please contact a member of the Family Law team.