Do I need permission to take my child on holiday abroad?
As we fast approach the summer holidays, for families with children where the parents are no longer together, there is the added consideration of whether a planned holiday abroad by one parent is agreed by the other.
Everyone with parental responsibility of a child needs to agree to any planned holiday abroad or you will need to apply for an order from the Court for permission.
- See more here on our parental responsibility web page.
- See more here the link to the government website - permission to take a child abroad.
We have listed below our advice if you are wanting to arrange a planned holiday abroad:
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Outline your plans to the other parent including:
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Dates for travel;
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Where you plan to travel to;
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Agreements as to the contact details to be provided to the other parent;
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Will there be any facetime/telephone calls with the other parent while on holiday;
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How the children’s passport will be passed between parents.
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If you are able to reach an agreement, consider having this drafted into an agreement signed by both parents. Also check whether you need to provide anything upon entry to the other country from the other parent agreeing to the holiday.
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If the other parent does not agree to the arrangements, try and establish the reasons for this. Can the arrangements be changed to accommodate any concerns raised by the other parent?
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If the other parent refuses outright and refuses to enter into discussions about the arrangements, take legal advice about what you are proposing. A solicitor can help in writing to the other parent and this may help both parents reach agreement. If you are the parent objecting to the proposed arrangements, it is also important to take legal advice on your reasons why. Legal advice will help parents understand the approach the court will take and hopefully avoid the need for any court applications.
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You can also make a referral to a family mediator. A mediator will invite both parents to meet together to discuss the proposed arrangements and to see if an agreement can be reached. Even if you believe that mediation will not help you, in most cases it will be necessary to attend a Mediation Assessment Meeting, to obtain a MIAM form before you can apply to the Court. (if you do not want to attend at mediation or think you may be exempt speak to us and we can confirm whether a referral to mediation is required).
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Finally, if you have tried to reach an agreement and have been unable to do so through any of these means, an application for a Child Arrangements Order and Specific Issue Order will need to be made to the Court so that the Court can make a decision about the proposed holiday.
Whatever you do, plan early! The process of trying to reach an agreement or apply for a Court Order is not something that will be done in a short space of time.
If you are in a situation where you had agreed holiday arrangements and now the other parent/carer has changed their mind, take advice immediately, it may be possible to make an application on short notice to avoid losing out on the holiday.
It is so important to take legal advice to fully understand what could happen, all situations vary from family to family. At Lawson-West Solicitors our experienced family team is here to advise and guide you through the legal process with our first aim to help the parties negotiate and reach an agreement. Contact Us.
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