Are you planning to take your child on an overseas holiday this summer but concerned about contact arrangements? Unfortunately, this is a common concern for separated parents as the summer holidays approach.
Separated parents can legally take their child abroad if they obtain consent from the other parent or anyone else with parental responsibility for the child. This is why planning summer holidays as far in advance as possible is crucial. A common issue arises when the other parent does not give consent. What should you do next? It’s essential to seek legal advice if a dispute occurs regarding taking your child on holiday, but also consider mediation as a viable option.
As of the 29th April 2024, the rules on mediation have been further strengthened by the Family Procedure (Amendment No.2) Rules 2023. These rules strongly encourage separated parents to engage in Non-Court Dispute Resolution (NCDR), with mediation being the most common method. It is now possible for the Courts to adjourn hearings and order the parties to attend a form of NCDR, making mediation an essential consideration. Additionally, mediation provides a good forum to discuss summer holiday contact arrangements. Seeking legal advice before or during mediation is crucial. If mediation is unsuccessful, you can apply to the Court for a Specific Issue Order to request permission to travel abroad, but you must explain why mediation failed. For more information about making this application, it is important to consult a solicitor.
If a court application is filed, the primary concern of the court is the welfare of the child. Typically, the court is inclined to view a holiday as being in the child’s best interests and would disapprove of a parent unreasonably withholding consent without justification.
You also have the legal right to take your child abroad if there is a Child Arrangements Order specifying that the child is to ‘live with’ you. Under such an order, you can travel abroad with the child for up to 28 days without needing the consent of the other parent. However, it is advisable to inform the other parent about the travel plans as a matter of best practice.
Conversely, if the child is not ordered to ‘live with’ you according to the court order, then you will need to obtain consent from the other parent or any individual with parental responsibility before taking the child abroad.
Where consent is obtained to take the child abroad then it is advised that this is written consent with the parent taking the child on holiday making sure that they have supplied the other parent or those with parental responsibility with travel details including flight and accommodation details.
If you encounter any challenges regarding contact arrangements as the summer holidays approach, please contact Catherine Lowther at cel@swinburnemaddison.co.uk or Ellie Straughan at els@swinburnemaddison.co.uk.
