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

Louisa Bestford, Senior Associate - Divorce & Family

The Summer holidays are here, a time to sit back, relax and experience some much needed free time with your kids, 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.

We are often asked whether a parent will have to seek the permission of their ex-partner to take their children abroad and what the potential consequences may be for leaving the UK 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 , 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.

It is important to note that it is not just the mother and father that can have parental responsibility, other people such as stepparents or people that are named on Child Arrangement Ordersas people that the child lives with will also have a level of parental responsibility.

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.

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 person with 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 parents 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?
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.
• Try to obtain consent in writing where possible, 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.
• Bring evidence of your relationship to the child 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.

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 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 children 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 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 courts.

At Hay and Kilner we understand how distressing these kinds of situations can be and know that your children come first no matter what, for advice regarding any of the above, please do not hesitate to get in touch by contacting Louisa Bestford.