Co-parenting children with an ex-partner can be difficult at the best of times – and when differing views on holiday plans come up, cordial relations can easily turn sour.
There are many reasons why you may not want your ex-partner to take your children on holiday, such as safety concerns, disruption to your children’s routine, or your own clashing holiday arrangements.
If your ex-partner takes your children on holiday without your permission, here’s what you need to know about your rights.
Consent and parental responsibility
Parental responsibility refers to the rights, duties, powers, and responsibilities that parents have in relation to their child’s upbringing.
If you share parental responsibility with your ex-partner, then they must obtain your consent before taking your children on holiday.
Removing a child from the jurisdiction of England and Wales without consent from all those with parental responsibility or without a court order is a criminal offence, regardless of whether the trip is for a holiday, visiting family, or any other reason.
This is because under the Child Abduction Act 1984, taking a child out of the country (without permission) could be considered child abduction if they are under the age of 16.
Therefore, if your ex-partner has taken your children on holiday without your permission, you could be in a position to report them for child abduction and they could face proceedings to return the child and also a possible criminal prosecution.
If, however,your ex-partner has a child arrangements order that requires your children to live with them, then they can take the children abroad for 28 days without your permission, unless a court order states otherwise. What parents can and cannot do is normally stated on the face of a court order.
What happens if my ex-partner won’t let me take the kids on holiday?
The same rules apply if you wish to take your children on holiday and your ex-partner refuses.
You cannot take your children abroad without the consent of the other parent, unless you have a child arrangements order that provides for this to happen.
Failing to obtain all necessary permissions before making travel arrangements – whether by oversight or intentionally – could lead to serious legal consequences if your ex-partner decides to take action.
Disputes and mediation
In situations where there is a dispute regarding holiday plans, mediation can be a helpful option.
Mediation involves a neutral third party assisting in resolving disagreements, allowing both parents to find a mutually agreeable solution. Mediators cannot give legal advice but facilitate the discussion between parents to try and reach a mutually agreeable position.
Mediation can help avoid the need for court intervention and provide a platform for constructive communication.
Court orders
If you do not give your ex-partner permission to take your children on holiday, they could apply to the court for a Specific Issue Order.
The same applies if you don’t get permission to take your children on holiday.
The court will consider factors such as:
- The reason for the trip.
- The impact on the child’s relationship with the other parent.
- The child’s welfare.
The parent objecting to the holiday will be required to provide a valid reason for their objection, such as concerns about abduction or an extended separation from the child’s usual routine.
If you are unsure about any legal restrictions, get in touch with a member of our family and relationship team for more details or advice.
Traveling abroad with court orders
If there are existing court orders that restrict international travel, it is crucial to comply with them.
Failure to do so can result in serious legal consequences.
Documentation
When traveling with your child, it is advisable to carry relevant documentation to support your legal right to travel.
This may include a copy of your child’s birth certificate, court orders, or letters of consent from the other parent, especially for international travel.
These documents can help avoid complications at border control or in case of emergencies during the trip.
Communication and cooperation
To prevent disputes over holiday planning, it is advisable to maintain open communication and be cooperative as much as possible.
Maintaining a cordial relationship and involving the other parent in the decision-making process can help prevent conflicts and ensure the child’s best interests are prioritised.
With expert members of Resolution in our team, Mackrell adopts a conciliatory approach to help reduce acrimony and keep your legal costs to an absolute minimum.
We can help you resolve disputes over holiday arrangements and assist with relationship planning to reduce the risk of further costly disagreements.
In cases where you cannot reach agreement with your ex-partner, we can help you make an application to the court or engage other forms of non court dispute resolution.
Concerned about your ex-partner taking your children on holiday? Get in touch with our Family & Relationships team today for tailored advice and guidance.
