Summer Holidays For Separated Parents – A Guide to Child Arrangements

Summer is a popular time for family holidays abroad. However, separated parents have additional considerations when planning travel with their children. Early preparation is essential to ensure a smooth trip.

Travelling with a Court Order

If you have a Child Arrangements Order stating your children live with you, you can take them out of England or Wales for up to 28 days without needing the other parent’s consent, unless there is a Prohibited Steps Order or Specific Issue Order in place.

Traveling without a Court Order

In the absence of a Child Arrangements Order, you need consent from all individuals with parental responsibility before traveling abroad with your children. This typically includes both parents.

Understanding Parental Responsibility

A mother always has parental responsibility. A father or second parent has it if they:

• Are named on the birth certificate.
• Were married to the mother at the time of the child’s birth.
• Have a parental responsibility agreement or order.

Obtaining Consent for International Travel

Discuss and agree on your holiday plans with the other parent before booking. Provide details such as the destination, travel dates, flight numbers, and accommodation. Although verbal consent suffices, obtaining written confirmation via letter, email, or text is preferable.

Once you have consent and book your holiday, keep the other parent informed of all travel details. Ensure all necessary passports are valid.

Summer Holidays For Separated Parents – Travel Tips

When traveling, consider carrying a copy of your child’s birth certificate to confirm your relationship if needed.

What to Do if Consent is Refused

If the other parent unreasonably refuses consent, you can apply to the court for a Specific Issue Order allowing you to travel. Courts usually grant these orders as holidays are generally seen as beneficial for children. However, permission might be denied if:

• You don’t usually spend consecutive days/nights with your children.
• Your child has a valid reason for not wanting to go.
• The Foreign Office advises against travel to your destination.
• There is a genuine risk of abduction.
• Court applications can take at least four months, so planning ahead is crucial.

Summer Holidays For Separated Parents – Need Advice? Request a FREE 30-Minute Consultation

At Sinclair Law Solicitors, we specialise in family law, including child arrangements and obtaining travel consent or court permission.

If you need legal assistance with summer holiday child arrangements, contact us for detailed advice and support to determine the best course of action for you and your children.