The UK is home to many families with links to jurisdictions all over the globe. Balancing child arrangements is often a compromise, but during the festive season, it can be particularly challenging if both parents want to take their children abroad to visit grandparents or other extended family members in the face of objection. Disagreements can make an already emotionally complex time, even more difficult.
To help you navigate child arrangements during the holidays, we have set out some factors to consider below:
Do I have to go to Court for permission to take my children on holiday for Christmas?
- You will need to obtain the other parents’ consent to take the children abroad, even for a holiday. Negotiating arrangements with the other parent is always the best, and most cost effective, way of coming to agreement and can be done either directly or through solicitors. If negotiations are unsuccessful, and both parents have Parental Responsibility (PR), it may be necessary to make a Court application for permission to take the children out of the jurisdiction for a holiday.
- Plan early! The key is to start discussions with the other parent as far in advance as possible in case you do need to make a Court application. The Family Courts are still suffering from major delays due to the pandemic. As a result, it can take months for a hearing to be listed. If discussions are not held until the last minute, there is a risk that there will not be enough time for your application to be considered by a Judge before your intended departure date, assuming agreement cannot be reached.
- You can always apply for an urgent hearing if you are running out of time before your holiday. Despite being marked as urgent, it may still take weeks for an urgent hearing to be listed if there are significant delays. To request an urgent hearing, you will have to set out the reasons for urgency in your application. These should be good, child-focused reasons. For example, it may be that the purpose of the holiday is to attend a large family gathering with family members who are sick, or that the children have not seen in years, and who they may not see again any time soon.
If you proceed to take the children abroad without attaining the necessary consent or permission, your actions may amount to child abduction, which is a criminal offence.
Are there any existing Child Arrangements Orders in place?
Before parents make any applications, they should consider whether there are any existing Court Orders in place. If a parent has what is commonly known as a “Lives With” Order, which is an Order confirming that the child/ children “live with” a specified parent, then the parent with whom the children “live” can take the children on holiday for a period of 28 days or less, without having to obtain the other parent’s consent. However, in order to maintain positive parental relations, you should provide the other parent with as much notice as possible and try to agree arrangements where possible.
What is a “Specific Issue Order?”
If there is no existing “Lives With” Order in your favour, and the other parent does not agree to you taking the children on holiday, you will need to approach the Court for permission to take the children on holiday. The application would be for a “Specific Issue Order.” This means you are asking the Court to decide on a specific issue – can your children leave the country for a holiday or not? You will be required to detail your holiday plans and demonstrate why you believe the holiday will be in the children’s best interests. The Court may view the holiday favourably if it involves the children spending time with extended family members that they do not see often.
What is a “Prohibited Steps Order?”
If the other parent wishes to stop you taking the children overseas for Christmas, they can make their own application to the Court for a “Prohibited Steps Order.” This asks the Court to stop particular steps the other parent wishes to take in relation to the children. They will have to demonstrate why taking the children abroad for the festive season would not be in their best interests.
When deciding whether to grant permission to take the children on holiday, a significant factor that the Court will consider is whether the trip poses any risk of harm to the children. The Judge may withhold permission if the intended destination is deemed unsafe. Location is a particularly important factor for parents to consider, due to the various geo-political issues at play. A trip to Belarus may raise more questions than a trip to the Maldives. Before planning your travels, check the gov.uk website for foreign travel advice relating to your chosen destination. The Foreign, Commonwealth & Development Office offers advice on potential risks in each country. These include terror threats, wildfires, and civil wars, along with other factors such as covid restrictions.
If you are travelling with the children on your own (i.e. without the other parent with PR), ensure to take the relevant documentation with you. This may include:
- Written consent from the other parent with PR;
- The child’s Birth/ Adoption Certificate (particularly if traveling to some parts of Africa); and
- A copy of the Order granting you permission to take the children on holiday, if the Court has also granted permission to disclose the Order- Children Orders are private and you must obtain permission from the Court to share a Children Order with a third party.
