Do I need my ex-partners permission to take my children on holiday?

Kayleigh Bell, Associate, Divorce & Family Team

The Summer holidays are here, a time to sit back, relax and experience some much needed free time with your children, no better time for fun in the sun. However, for separated parents this can also mean a time of added stress or potential conflict. With the right advice these difficult situations can be managed or indeed avoided.

We are often asked whether a parent will have to seek the permission of their ex-partner (other parent of the children) to take their children abroad and what the potential consequences may be for leaving the country (Jurisdiction of England and Wales) without it.

The guidance below explains the law and our Hay & Kilner Divorce & Family Team are happy to assist in advising how this might apply in your circumstances. Generally, there is an amicable way forward with the right approach so that all parties may enjoy time with the children stress free.

What is Parental Responsibility and who has it?
Under the Children Act 1989, parental responsibility is all the rights, duties and responsibilities that a parent has in relation to their child(ren), they make important decisions on behalf of the child that they cannot make for themselves.

In relation to a mother and father, if you are married or in a civil partnership at the time the child is born then both parents have parental responsibility. Only mothers have automatic parental responsibility, but fathers can acquire it in several ways; for example if you later marry the mother or are named as the father on the birth certificate.

Who do I need permission from to take my children out of the country?
The Children Act 1989 provides that you need to get the permission of anyone with parental responsibility to take a child abroad or permission from the Court.

It is a criminal offence to take a child out of the United Kingdom without the
consent of everybody with parental responsibility unless the court has given
permission.
People named on the Child Arrangement Order as someone who the child can live with, may take the child abroad for 28 days or less without permission of the other parent whom shares parental responsibility or the Court unless the Court Order says otherwise .

Those who do not have this right or want to take the child away for longer than the 28 days will need to apply to the Court for a Specific Issue Order. A Specific Issue order can be made by the Court to give permission to take the child out of the country without the other parent’s agreement.

Mothers who are the only person with parental responsibility do not need permission to take a child abroad.

How do I navigate this with my ex-partner (mother/father of the child(ren)?
There are several things to be aware of that you can do so that you do not fall foul of any of these provisions and you and your children can enjoy a lovely summer holiday with peace of mind.

Dos

• Ensure to get the permission of those people who have parental responsibility for example a mother, father who has parental responsibility or a guardian.
• Obtain consent in writing where possible, with a signed written letter of authority, this can also help when leaving the UK or entering another jurisdiction as you may be asked if you have permission to be taking the child(ren).
• Bring evidence of your relationship to the child(ren) and/or a divorce or marriage certificate if your name is different to the name on the child’s documents.
• Provide the person with parental responsibility with details of the holiday, such as where you will be staying, what flights you will be getting and how long you will be away.
• Give notice in advance of any proposed travel / holiday so that the appropriate arrangements can be made in good time.

Don'ts

• Assume that consent would be given, it is always best practice to check and make sure that person is fully informed and consent is given to ensure no unnecessary confusion or conflict.
• Take the child(ren) away anyway if consent is refused. In this circumstance you can apply to the Court for an Order to be made.
• During or after a divorce or separation it is best to keep the child(ren) at the forefront of your mind, which will no doubt be the case for many parents. Remaining on good terms with the other people responsible for looking after your child(ren) creates a happy and stable environment for them and allows for greater support for you as parents. It is in the best interests of everyone involved but especially the child if arrangements can be made amicably without any need for involvement by the Court.

At Hay and Kilner we understand how distressing these kinds of situations can be and know that your child(ren) come first no matter what. For advice regarding any of the above, please do not hesitate to get in touch by contacting Kayleigh Bell.