For separated parents, the preparing for a holiday is not as simple as checking you have your Suntan lotion and flip flops. Before getting on the plane, there are numerous other things separated parents have to consider before they can browse the duty free.
You will need the other parents’ consent to take your child out of England and Wales unless you have an order of the court saying that the child lives with you. If you do not gain their consent and take your child out of the country you could be prosecuted by then police as it would be seen as a criminal offence.
Although rare, you could be asked to prove that you have consent at check in, so make sure you are prepared. We recommend you have a letter signed by the other parent consenting to the holiday along with a copy of their passport and a contact number in case the consent needs to be verified.
However, things get difficult if you do not have a residence order of child arrangements order in your favour stating that the children live with you. If the other parent does not consent to the holiday or they withdraw their consent and you have already booked your holiday.
If the holiday has been booked then you need to act fast, an emergency application needs to be made with the court for a Specific Issue Order if the holiday is booked in the next 3 months. Unfortunately the legal process is slow and so making an early application to the court is vital. If the other parent refuses to allow you to go abroad then there may need to be at least two court appointments including a contested hearing where a judge will have to decide if the child can go on holiday and depending on the court, it may take several months to get a court date for a final hearing.
But do not despair, usually once proceedings are issued and the other parent gets advice, or attends court for the first hearing, they will usually agree, unless there is good reason why the child should not go on holiday. For instance the destination being unsafe, the child’s age or other issues such as health or wellbeing. The court usually consider it beneficial for a child to go on holiday abroad.
If you are considering taking your child abroad and do not think the other parent will consent then it is best to deal with this before booking your holiday. If you would like any further advice on this issue then please get in touch at [email protected]
