Travelling Abroad with Children When Separated: Legal Tips for the Summer Holidays
The school year is almost over, meaning the summer holidays are around the corner. It is an exciting time for school-aged children. However, the summer break can be a point of contention for separated parents, with some parents unable to agree on how to divide child arrangements between them. It is important to reach an agreement that allows the children to enjoy their summer break.
For those who have already been through the court process and have a Child Arrangements Order in place, it is likely the holidays have been accounted for. If this is the case, the Order will say when the children will be in the care of each parent. If there is no Order, parents need to decide between themselves. Below are some tips for dealing with holiday contact with your ex-partner.
Legal Tips for dealing with holiday contact with your ex-partner
- Permission is crucial. If you wish to take your children abroad, you need permission from all the people who have parental responsibility. You may be asked for a letter proving permission at the UK or foreign border. You may also be required to provide evidence such as a birth or adoption certificate or, if you are a single parent but your family name is different from the child’s, then you may need to provide a divorce or marriage certificate.
- Begin discussions early. The first step is always to talk to your former partner and try to reach an agreement between yourselves. Allow time to do so, particularly if you wish to avoid buying last-minute flights.
- Be organised and thorough. People can be anxious about their children going on holiday with their former partner, especially when travelling abroad. Giving your former partner as many details as possible can help them to feel less worried. Tell them the locations you wish to travel to, the proposed time of your travel, how you will be travelling, who you will be travelling with, and where you plan to stay. You can even provide them with the accommodation addresses and the flight or train details. It also helps to pre-arrange video calls.
- Don’t book anything until the arrangements are agreed. If you book a holiday with your children which cannot go ahead, you may not get your money back.
What if your partner doesn’t agree?
Your former partner may not agree with your proposed holiday plans for your children. This is another reason to begin discussions as early as possible. A family lawyer can help reach an agreement through solicitor negotiation or alternatively you can try mediation. If those routes are successful or suitable, then you can apply to court for either a Specific Issue Order regarding the holiday, or a Child Arrangements Order to stipulate arrangements for future holidays as well.
What if you don’t agree?
If your ex-partner wishes to take your children on holiday and you do not agree, you can seek a Prohibited Steps Order that restricts the children’s travel. These can be applied for on an urgent basis and one of our solicitors will be able to help you.
Our solicitors will also be able to give advice and offer assistance if you think your child might be at risk of being abducted abroad by the other parent.
Where are your children going?
If your ex- partner wishes to take your children abroad, consider the destination. Some countries have reciprocal legal mechanisms with England and Wales. As a result, if your ex-partner travels with your children to one of these countries and then refuses to bring them back, an order can be made that your children are returned to the United Kingdom. Other countries (such as Dubai or China) do not have the same reciprocal arrangements. Arranging your children’s return from these countries is far more difficult. If you are concerned about the proposed travel destination, please seek advice.
Our family law team are experienced in both child arrangements and child abduction mattes and will be able to assist you with your matter. To speak to one of our legal experts call 0330 822 3451 or request a callback at a convenient time.