Can I take our child on holiday without my ex-partner’s consent?

by Ridley & Hall in Family & Matrimonial, Vicky Medd posted July 24, 2018.

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You cannot take your child out of the UK without the consent of all parties with parental responsibility (PR), unless there is a Child Arrangements Order (CAO) which states that the child lives with you and there is not a court order expressly prohibiting you from taking the child out of the UK. In this instance you can take the child out of the UK for up to 28 days without the other parties with PR consent.

For more information on PR please click here.

My ex-partner won’t agree to my planned holiday

The onus is on the parent seeking the holiday to obtain leave from the court. If you cannot agree, you will have to make an application to the court for a specific issue order that states you can take the child out of the UK.

Most courts will not regard holiday plans as an urgent issue. Therefore you should make your application well in advance of your holiday if the other parent has told you they will not provide their consent.

I don’t consent to the holiday

If there is not a CAO stating the child lives with the other parent and they take the child out of the UK without your consent, this would be a criminal offence under the Child Abduction Act 1984.

If there is good reason for objecting to this for example you are concerned about the child’s safety, welfare or that they may not return you can apply to the court for a prohibited steps order. You should make your application as soon as possible. The court will look at what is in the best interests of the child, if there is no legitimate reason as to why the holiday should not take place the court will not prevent it.

Holidays within the UK

You do not need the permission of the other persons with PR if the intended holiday is within England and Wales and falls within your agreed period of contact. If, however, the holiday will require an amendment to the contact schedule and the change is not agreed, an application for a specific issue order will need to be made to the court.

The parent going away should provide the other with information including dates of travel and accommodation details. The other parent’s consent should be obtained in writing, and you should take a copy with you.

If you require legal help or advice, please get in touch on 0800 8 60 62 65.