Can I take my children away on holiday now we are separated?

Taking your children on holiday as a separated parent in England involves understanding your legal rights and responsibilities, especially when it comes to ensuring that the trip is in the best interests of your children and complies with the law. 

 

 

In England, the concept of parental responsibility is central to decisions involving a child, including holidays. Parental responsibility includes the rights and duties a parent has towards their child, such as providing a home, making decisions about their education, and protecting them. If you have parental responsibility, you have a say in where your child lives, their education, and, importantly, whether they can go on holiday. 

 

If you have a "lives with" order (ie, a courtorder determining tht the child should live with you, then you can take the child out of the country for up to 28 days without needing to seek the other parent's consent, so long as that does not encroach on that parent's court ordered time with the children (and so long as there is nothing in the order order that says you must not do so). However, it is good practice to ensure you provide details of the travel arrangements etc.  

 

If you are the sole parent with parental responsibility, you can decide on holiday plans without the need for the other parent’s consent. However, it is still advisable to inform the other parent out of courtesy, especially if they have regular contact with the child. 

 

Disagreements can arise, particularly in high-conflict separations. If the other parent refuses consent for the holiday, you have two main options: 

 

Negotiation and Mediation: Before escalating the issue, try to resolve it through direct negotiation or mediation. This process can help both parties express their concerns and find a compromise. 

 

Court Application: If mediation fails, you can apply to the court for permission to take the child on holiday. This is done through a Specific Issue Order under the Children Act 1989. The court will consider whether the holiday is in the child’s best interests, considering factors such as the destination, duration, and the child’s relationship with both parents. 

 

For holidays within England and Wales, you generally do not need the other parent’s consent, provided the trip does not interfere with the other parent’s contact time or the child’s schooling. However, if the holiday affects the child’s school attendance, you may need to seek permission from the other parent and the school. 

 

When planning an overseas holiday, obtaining consent from all parties with parental responsibility is particularly important. Failure to do so could be considered child abduction and can have severe legal consequences. If the other parent unreasonably withholds consent, applying for a Specific Issue Order is the correct course of action.. 

When a court is asked to decide on a holiday dispute, its primary concern is the child’s welfare. The court will assess several factors: 

 

Destination: The court will consider the safety and political stability of the destination. Some countries may be deemed unsafe due to conflict or health risks. 

 

Duration: Extended holidays that might disrupt the child’s routine or education can be contentious. The court will consider how the length of the holiday impacts the child’s well-being. 

 

Relationship with Both Parents: The court will evaluate how the holiday affects the child’s relationship with the non-traveling parent. If the trip results in a significant period of time away from one parent, the court may be reluctant to approve it. 

 

Past Behavior: If one parent has previously breached agreements or court orders, the court may be cautious in granting permission for a holiday abroad. 

 

To prevent disputes over holidays, clear communication and early planning are essential. Consider the following steps: 

 

Discuss Plans Early: Notify the other parent of your holiday plans as early as possible. This allows time to address any concerns. 

 

Provide Details: Share details of the trip, including dates, destination, accommodation, and contact information. Transparency can alleviate concerns and build trust. 

 

Offer Compromise: If the holiday affects the other parent’s time with the child, offer alternative arrangements to make up for the lost time. 

 

Put Agreements in Writing: If you reach an agreement, it’s wise to document it in writing to avoid future misunderstandings. 

 

To bring this altogether then, understanding your legal rights and responsibilities as a separated parent planning a holiday is crucial to avoid conflict and ensure the best outcome for your child. Always seek the necessary consent, prioritize your child’s welfare, and be prepared to negotiate or seek legal advice if disputes arise. By approaching the situation with care and cooperation, you can ensure that your child enjoys a safe and happy holiday, regardless of your separation.