We often get questions from separated parents regarding the legality of them, or the other parent, taking their child abroad.
Whether a parent can or can’t take their child abroad depends on the circumstances of the situation. Is consent sought, is there a court order in place, is the location considered safe? These are all factors.
In this article, Family Partner Andrew Stynes looks at some common circumstances and outline when a parent can and can’t take their child abroad.
Do I need permission to take my child on holiday abroad?
It is an offence to remove any child under the age of 16 from the UK without every person who has parental responsibility having provided consent.
In the event that you wish to take your child on holiday, it is recommended that you have written consent of the other parent and that you have this in letter form that you can take with you and show it to any authority should you be required to do so.
Can a parent take a child out of the country without the consent of the other parent UK?
If there is a Child Arrangement Order (CAO) in place then, usually, the person with whom the child is to live will have authority, within the terms of the order, to take the child abroad for a period of up to one month without obtaining written consent of the non-resident parent.
Can the other parent refuse consent to me taking my child abroad?
In circumstances where you seek the consent of the other party to take a child abroad and this consent it refused, then an application will need to be made to the Court for a specific issue Order allowing the removal of the child from the jurisdiction for an appropriate period.
It would be usual for a court to prevent a child being taken on holiday provided that destination is considered to be safe and appropriate and that there is no risk of the child not being returned.
A specialist Family Solicitor’s advice
Andrew Stynes, experienced Family Partner at Frettens, says: “When arranging a holiday, the consent of the other parent should always be sort and obtained in writing.
It would assist to provide details of the destination to include flight details as appropriate and details of any accommodation that has been booked, together with any contact numbers or emails for the holiday period.”
Specialist Family Solicitors
If you have any questions following this article, please do not hesitate to get in touch with our bright Family Team.
You can get in touch if you would like a free initial appointment with a member of our Family Team at our Christchurch or Ringwood offices, with no obligation or charge.
Call on 01202 499255 or fill out the form on this page.
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