If you are planning to take your child/children on holiday then you will need the written consent of those who have parental responsibility.  A mother automatically has parental responsibility and a father will have parental responsibility if he is registered on the child’s birth certificate as their father, was married to their mother at the time of the birth or has subsequently been granted parental responsibility.

If you have a Child Arrangements Order which states that the child lives with you, then you can take that child abroad for 28 days without the written consent of the other parent. If you both have parental responsibility but there is no Child Arrangements Order then neither of you can take a child abroad without written consent of the other.

It is best practice to try and agree arrangements for holidays in advance, to avoid causing further acrimony. If the other parent does not agree, and there is no court order in place, then you will need to consider making an application to the court. It is important to remember that the court’s key consideration is the child’s best interests. A holiday will most likely be allowed as long there are no issues in relation to any potential failure to return.

If you have concerns that the other parent is going to take your child abroad and not return them then you can apply to the court for a Prohibited Steps Order to stop the child travelling abroad.

If you would like further advice on any of the issues raised in this blog then please do not hesitate to contact the Family Team on 01243 790532 or email hannahrogers@owenkenny.co.uk