If you are planning ahead to go on a holiday abroad with your children you need to agree it with any other person with Parental Responsibility for them.
Separated parents must gain consent for this or could potentially face a charge of child abduction.
A recent Wake Smith Solicitors’ online survey asked if it was considered a criminal offence for a mother or father to take their child abroad if the other parent objects?
The results showed 45 per cent of respondents said yes, 14 per cent said no, 19 per cent said maybe and 22 per cent didn’t know.
Wake Smith’s family and collaborative lawyer Deborah Marsh looks at the issue of Parental Responsibility and holidays abroad.
“In law, Parental Responsibility means all of the rights, duties, powers, responsibility and authority that a parent has in relation to their child and their child’s property.
“If you have Parental Responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. However, the other parent must include you when making important decisions about their lives, including foreign holidays, unless there is an order in place to the contrary.”
- If you are hoping to go on a holiday abroad you need to agree this with any other person with Parental Responsibility for your child, not just the other parent.
- It is best to obtain consent in writing in advance to avoid any delays.
- It is a criminal offence to remove a child under 16 from the UK without the consent of any other person with Parental Responsibility.
- If you are a parent of a child and the other parent has Parental Responsibility and is objecting to you taking the child on holiday abroad, then you may need to take court proceedings to avoid committing an offence. However, if you have a Residence Order or a live with order in your favour, then you can take your child abroad for a period of 28 days without the other parent’s consent (unless the order states that you cannot, and provided you have the consent of all with Parental Responsibility).
- If the other parent is refusing to allow you to take your child on holiday abroad, and there is no Child Arrangement/Residence Order in place, then you will need to make an application to the court for a specific issue order allowing you to remove your child from the jurisdiction for a holiday to avoid committing a criminal offence of child abduction. Court proceedings may be avoided if both parties eventually reach agreement for example, via mediation or with the assistance of solicitors or use of the collaborative process.
- The family court does generally allow a parent to take a child abroad for the purposes of a holiday, particularly if the holiday is to a safe destination and for a reasonable period of time with there being no welfare concerns. Always check with a family solicitor.
If you require further advice or assistance on taking your child abroad, applying for Parental Responsibility or a Child Arrangement Order, please contact our family law team Lindsey Canning and Deborah Marsh on 0114 266 6660.
