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Parents are often unsure whether they need consent from their ex to take their children on holiday. We provide a handy guide from the perspective of Family Law in England and Wales.
The first thing to consider is who has parental responsibility for the child, as you will need written consent from everyone with parental responsibility if you are taking the child outside of England and Wales. Although part of the UK, Scotland and Northern Ireland are regarded as separate legal jurisdictions in respect of Family Law.
A biological mother will automatically have parental responsibility for the child. It is, however, different for the father. A father will automatically have parental responsibility for a child by either being married to the mother at the time of the child being born, or by being named on the birth certificate. If neither of these options apply to the father, it is still possible to obtain parental responsibility and it would be beneficial to obtain legal advice on this.
However, if there is a child arrangements order in place confirming that the child lives with you then you can take the child out of the country for up to 28 days. It is important to note that it is usually best to inform the other parent and provide them with relevant details of the holiday in the case of emergency.
If the holiday would interfere with the usual arrangements with other parent it is also normally best to try and obtain their permission to the holiday.
If there is not a child arrangements order in place then you will not need to obtain the other parent’s permission to take the child on holiday. However, as explained previously, it is usually best to notify the other parent of the holiday and provide them with the relevant details.
If there is a child arrangements order in place. it may mean that you will need written permission to take the child on holiday. This would however depend on the type of order and it would be best to obtain legal advice on this.
This area can be complicated and we would recommend that you seek legal advice. Please contact our Family Law Team, who will be able to advise you on your individual circumstances.
Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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