Summer is here, which means many of us are making holiday plans with our families to enjoy the long-needed break after the pandemic. Taking short trips or extended holidays with your family is always a fun and memorable experience.
In a situation where parents have separated things aren’t always as simple, there are guidelines and stipulations that parents should observe and if there is a Child Arrangements Order in place, that may set out the details by which parents must follow in order to take their children on a trip.
Sarah Scriven, lawyer in our Family and Divorce team sets out the best practice for taking your children abroad when you’re divorced or separated.
Plan ahead
Travelling with your children after separation will take some extra pre-planning and organisation. It’s always a good time to review your parenting arrangements and make sure you give each other time to consider any proposed travel plans and seek permission to travel abroad with the children in the agreed allotted time frames.
Reaching an agreement with your co-parent on any proposed holiday is the most important first step in planning your trip, make sure to plan your travel schedule and prepare all the right documents to help your trip be as stress free as possible.
Travel permission
In England and Wales, each parent will need to seek permission from the other parent (providing they have parental responsibility) before travelling outside of England and Wales with the children. This can come in the form of a letter from the other parent. The foreign border may request to see this.
In the instance that you may not be able to get a letter, you can apply to the court for permission instead.
Documents
Having the right documents for your children is key, regardless of where you are travelling outside of England and Wales. You should outline to the other parent your travel schedule, address of your accommodation and transport details such as flight numbers. You should also ensure you and the other parent have a way of communicating with each other in an emergency.
You may also wish to agree on how the children’s passports should be stored and any arrangements for collecting or returning them before or after a trip abroad.
How long can we travel?
You will need to agree the length of any foreign holiday with your co-parent or the court unless you have a Live with Order in your favour. This means you can take your child out of the UK for up to 28 days without consent, although you should ensure this does not interfere with the other parent’s time with the children.
Your child has been taken abroad without your consent
If you have not given permission for your child to be taken abroad by their other parent or believe your child will be taken abroad without your consent, you will need to contact a solicitor immediately to get advice.
In some extreme cases you can contact the police if you believe this may be treated as a child abduction case.
Get in touch
If you are concerned about whether you have Parental Responsibility for your child or wish to take your child on holiday and need advice, do not hesitate to contact Sarah Scriven in the Family & Divorce team on 01494 478684 or email sjs@blasermills.co.uk.