It is that time of year…the school summer
break and a chance to take the children abroad on holiday. Caution however
needs to be exercised in the run up to a family holiday abroad as many parents
are unaware of the legalities involving the removal of a child from the
country.
Disputes in relation to the family trip abroad
tend to peak at this time of the year. It is common for separated or divorced
parents not to know that they are required to obtain the permission of the
other parent or person with parental responsibility regardless of whether it is
for a day trip to the continent or a fortnight’s trip to the States.
If a child is taken abroad without written permission
from the other parent or person with parental responsibility then technically
this is child abduction and it is entirely possible for the other parent to
instigate child abduction court proceedings because of what is nothing more than
an innocent family holiday.
If a parent or person with parental
responsibility refuses to provide their permission then a court application for
permission to take a child on holiday aboard without the others permission will
be necessary. When considering such an application, the court will be expecting
to see documents confirming the travel plans, reasons for the trip and contact details
for the travelling parent and child.
It is important that a parent or person with
parental responsibility does not automatically assume that they have the
permission of the other parent or that permission is not required. Written permission
should always be obtained well in advance of any proposed trips abroad as last
minute disputes may cause upset to the child and may increase the acrimony
between the parents which may have a detrimental effect on the child in terms of
agreeing the future arrangements for contact.
It is important to note that the situation is
very different if a mother alone has parental responsibility and there is no
Residence Order concerning a child. If this is the case, permission from the
other parent is not strictly necessary although it is always good practice to
consult with the other parent. Where a person seeking to take the child abroad
has a Residence Order, they are able to take the child abroad without the
written permission of the other for up to one month, again however, good practice
would be to consult with the other parent.
When dealing with children issues, it is
extremely important to seek specialist legal advice at an early stage to ensure
that there are no difficulties or last minute changes to the family holiday arrangements.
Kerry Russell
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