Goughs Solicitors offer expert advice around holiday arrangements for parents who have separated or divorced
With the weather improving and the easing of government restrictions. it is natural for parents’ thoughts to turn to holidays. The current uncertainty in travel arrangements and the frequent change to the allowed destinations will have on impact on plans and can be on area of concern to parents.
When both parents have parental responsibility for the child or children, agreement must be reached and written permission obtained for one parent to remove the children from the jurisdiction of England and Wales.
The exception to this is where one parent has a Child Arrangements Order to state the children live with them. This allows that parent to remove the children from the jurisdiction for a period of one month, without requiring the permission of the other parent. For a parent who does not have such a court order, they will still require permission.
If the parent with whom the child or children do not live objects to the planned holiday, they have the option to apply to the Court for a Prohibited Steps Order, preventing the children being taken. The parent objecting to the holiday must have a genuine concern for the children’s welfare or safety, as ordinarily the Court will consider a holiday beneficial for the child or children (provided it falls within the current government guidelines).
If agreement cannot be reached and the parent requiring permission wishes to take the children abroad on holiday, an application can be made to the Family Court for a Specific Issue Order. This Order allows the child or children to be removed from the jurisdiction for this purpose.
To obtain such an Order, the application will need to be heard by the Court and consideration must be given to the proposed schedule for the holiday to ensure sufficient time for the application to be heard by the Court.
These principles are governed by The Children Act 1989. Any application made under this Act has the children’s welfare as its primary concern. At Goughs Solicitors there is an extremely experienced team of lawyers who can provide guidance and advice on these issues with a view to reaching an amicable agreement. If this situation applies to you, you are invited to contact the team to book an initial free consultation to discuss your queries or concerns.