Whilst we all remain hopeful of being able to dust off the suitcases and make plans for a summer holiday, for separated or divorced parents, this can also mean the start of an argument bringing shade to that much awaited sunny trip away.
How can separated parents ensure summer holidays go plain sailing?
The earlier you start a conversation with your ex, the better. This will give you more time to address any issues or concerns before any holiday is booked.
Will I need my ex’s consent to enjoy a holiday in the UK?
No. You will not need the consent of your ex-partner to enjoy a holiday within England or Wales however, it is a matter of courtesy to keep your ex informed so that they are aware of the children’s whereabouts.
Will I need my ex’s consent to enjoy a holiday abroad?
Yes. If any of us are lucky enough to be able to consider a holiday abroad this year due to current covid restrictions, you will need the consent of the separated parent before you can enjoy that holiday abroad. It is against the law to take a child out of the country without the consent of everyone that has parental responsibility.
Try and avoid booking a holiday until you have secured the consent in writing from your ex or anyone that holds parental responsibility in respect of your child/children.
Make sure you take a copy of the written consent to the airport just in case there is an issue at the point of travel especially if your surnames differ on the children’s passports.
What if I have a Child Arrangement Order that states the children live with me?
Where there is a child arrangement order that defines where the children are to live, the holder of the order may take the children out of the country for up to 28 days without breaking the law. However, it is always still advisable to obtain written consent from your ex to maintain good relations and avoid an argument.
What if I cannot agree?
If you cannot agree or your ex refuses to give consent, you will need to consider the involvement of a third party. Mediators can offer a ‘neutral ground’ for you to discuss your plans and address your ex’s issues and concerns. Solicitors can also assist to negotiate with your ex and agree upon a plan that will enable you both to agree upon your holiday plans. If an agreement is still not possible or the matter is urgent, you will need to make an application to the Court to make the decision for you.
- Provide information in advance. It is hoped your ex will be as excited for the children to enjoy the holiday as you will be.
- Try and understand. Your ex may only have a certain period in which to accommodate a trip away or holiday abroad.
- It is all about the children. Your children benefit the most as they get to enjoy twice the number of holidays they would otherwise have enjoyed if you were still together.
Our friendly and skilled team of family lawyers are here to provide you with guidance, support and understanding during what can be a difficult time. We are committed to providing outstanding service and achieving the best possible outcome for our clients.
To schedule a free consultation with one of our experienced family solicitors, please call 01625 526 222 or contact us using our web form.