Preparing for a holiday abroad with children following a separation can be a daunting process; it is important to ensure careful consideration is given to protect all parties involved.
Here are some things to take into consideration:
Communication
Firstly, it is important to communicate. To travel abroad with a child, you require permission from anyone else with parental responsibility for the child. Without permission, there is a risk you could be accused of abducting the child. If the other parent objects to you taking your child on holiday, then you will need to make an application to the court for a Specific Issue Order. The Court will then be able to legally determine that you can take your children out of the country.
If you have a Lives with Order stating that your child lives with you, then you do not require the other parent’s consent to travel abroad for a period of up to 28 days. However, it is important that you communicate your plans to the other parent so that they are fully informed of where their child will be.
You should consider that your holiday plans may impact the other parent’s time with the child, so you should discuss how to mitigate this. Whilst you are under no obligation to swap the days your child usually spends with the other parent, it is beneficial to suggest alternative dates for them to see their child, this helps eliminate any hostility and ensures everyone remains happy.
It’s not necessary to provide the other parent with extensive details about your upcoming vacation plans. However, it may be beneficial to share additional information about who will be accompanying you on the trip and the activities you have planned. This can help the other parent understand the positive impact of the holiday on your child and ensure that they feel informed and involved in the decision-making process, increasing the likelihood of them agreeing to the holiday and avoiding any conflict that may arise.
Be organised – plan ahead!
It’s important to allocate sufficient time for discussions, especially during disputes. If you need to obtain a Specific Issue Order to travel abroad with your child, it’s essential to allow ample time for the court to process your application. While the court generally supports children going on holidays abroad, applications for holidays are unlikely to be considered urgent. Therefore, it’s crucial to apply well in advance of your holiday to avoid potential disappointment and costs associated with cancellations due to delays in processing your application.
Check the country’s entry requirements
When travelling with children solo, it’s important to be aware that each county has different rules and procedures. It’s essential to check the entry requirements for the country you are visiting in advance to avoid any issues at the airport. Failure to do so could result in being refused entry into the country. While some countries may only require simple written consent from the other parent, others may demand notarised consent.
Provide travel details
It is important to share your travel details with the other parent, including flight and accommodation information, in case of emergencies during your holiday.
Passport
When you don’t hold the passport for your child, it’s important to establish clear agreements. Determine when the passport will be handed over to you for the trip and when you’ll need to return it.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.
