After a very wet March, lots of people are now looking to book their summer holidays and we thought it might therefore be useful to provide answers to some questions we often receive from parents following divorce/relationship breakdown in terms of what they can and cannot do.
- Do I need permission from my ex-partner to take my children abroad after our divorce?
Yes, you need written permission from all those with parental responsibility for your child to take them abroad.
‘Parental responsibility’ means the legal rights and duties relating to a child’s upbringing.
Parental responsibility is automatically given to the mother when she gives birth. Fathers who are either named on the child’s birth certificate or are married to the mother when the child is born have parental responsibility. In addition, parental responsibility can be granted via a Court order or by the parties entering into a Parental Responsibility Agreement.
The only exception to this is where one party has obtained from the Court a live with order (previously called a residence order,). The parent with the benefit of the order can take the child , subject to the order, abroad for up to 28 days without the consent of the other parent.
If you are the only parent with parental responsibility and there is no live with order in place in respect of the child, permission is not needed from your ex-partner to travel abroad with your child.
- What do I do if my ex-partner refuses to consent?
If possible try and negotiate with your ex-partner, either directly, with the help of solicitors or via mediation. If however, they refuse to provide the required consent then you will need to apply to the Court for a specific issue order authorising you to take your child abroad
- How do I apply for a Specific Issue Order?
The court form called a Form C100 is required to be completed and filed with the Court. A Court fee is also payable which is currently £232.00. It is necessary to attend a Mediation Information Assessment Meeting (MIAM) prior to making an application unless specific exclusions apply.
- What factors do the Court take into account when considering an application to authorise the parent to take the child on holiday?
The Court’s main consideration is the welfare of the child and each case is considered on its own merits. The Judge will consider the child’s wishes and feelings, the child’s physical, emotional and educational needs, the effect any changes may have on the child, the child’s age, gender, characteristics and background, any possible risk of harm to the child, the ability of the parents to meet the child’s needs and any orders the Court has the powers to make.
A Court will only make an order if it feels it is in the child’s best interests to do so.
- What documents should I take with me when I travel?
To ensure there are no issues at the airport when travelling ,it is advisable for you to take the following documentation with you:-
- Written consent from your former partner ideally with a copy of their passport
- Proof of your own relationship with your child, for example birth certificate
- Full contact details of the consenting parent
If you have a different surname from your child it is sensible to provide written evidence of you and your child’s identity to avoid any potential hiccups at the airport.
Having the right documentation with you and thinking ahead is likely to reduce any unnecessary delays/complications at the airport.
- How long can I go away for with my child?
Provided you have the permission of your ex-partner and anyone else who has parental responsibility for your child arguably there can be no limit on the duration of your holiday. If, however, you have a live with order you are able to take your child abroad for up to 28 days without permission of the other parent unless there is a court order to the contrary.
If you are thinking about booking a holiday and need further advice our team will be happy to assist you. Call us on 01257 228027 or email info@rjtsolicitors.co.uk. We offer a free 30-minute consultation.
