Many parents wish to travel over the festive period, whether to spend time with relatives (both in England and abroad) or to seek out some winter sun. However, before making any arrangements separated parents need to consider their legal position.
Travelling in England and Wales
If the proposed travel is within England and Wales and occurs during the time the children were due to spend with that parent, there are no restrictions on travel, even if the destination is at the other end of the country. The only way the law would stop this is if there was likely to be harm or danger to the children. It is still advisable to notify the other parent of your travel plans.
If the holiday is going to impact upon the other parent’s time with the child or alter previously agreed holiday arrangements, then it is important that you discuss the potential holiday with the other parent as early as possible. Christmas is often an emotionally significant time and so you should include proposals for the children to make up any time they are going to miss with the other parent before or after the holiday.
It is also important to consider and make proposals about how the children and the other parent are going to communicate during the holiday and especially on Christmas Day or other significant days.
Travelling abroad
Who can take the child abroad?
If one parent wishes to take the children abroad for the festive period, the starting point is to check who has parental responsibility for the children and whether there are any court orders in place. Travelling abroad with children | Weightmans.
As above, if the holiday is going to impact the other parent’s time with the child, you must discuss and try to reach an agreement with that parent as early as possible and before you book anything.
What if the other parent refuses?
If you take the children abroad without the other parent’s permission or a court order, you may be guilty of child abduction I have been accused of child abduction | Weightmans.
If the other parent refuses to agree to a holiday abroad, discussions through solicitors or mediation may be a cost-effective option to try to reach an agreement. If an agreement cannot be reached, the parent wanting to take the child on holiday might have to apply to the court for a specific issue order A guide on specific issue orders | Weightmans granting permission for the parent to take the children abroad. If time is of the essence, it may become necessary to issue an urgent court application. This is why early discussion far in advance of any proposed holiday is essential.
The court will consider all the relevant circumstances of the holiday but ultimately the children’s welfare is the court’s paramount consideration and the court will aim to arrive at a decision which is in the children’s best interests.
What if I have concerns about the other parent taking the child abroad?
If you are concerned the other parent might take the children abroad imminently or that they have already taken the children abroad, you should seek urgent advice about child abduction Child abduction frequently asked questions | Weightmans.
If you have parental responsibility for a child, you can refuse to give permission for the other parent to take the children abroad, although it is important to consider all of the circumstances and whether it is reasonable to withhold permission.
It is also open to you to make a court application for a prohibited steps order What are Prohibited Steps Orders? | Weightmans to stop the holiday. As with a specific issue application the court will consider all the relevant circumstances and what is in the child’s best interests.
Tips to consider when planning a festive holiday
- Make contact with the other parent at an early stage and before anything has been booked. Provide them with full details of your proposed holiday. Listen, acknowledge and discuss any concerns they may have and try to alleviate them.
- If your proposed holiday would impact on their time with the child, offer them some alternative contact and consider communication during the holiday. Also consider wider family connections and communication during the festive period.
- Before booking the holiday, ask the other parent to confirm in writing that they have no objections to the proposed trip. Be specific and record any agreements including about alternative contact and communication.
- If they have the child’s passport, agree arrangements for you to collect it as soon as possible and when you will return it. This can be recorded in the agreement.
- Once you have booked the holiday, provide the other parent with full details including the flight times/numbers, the contact details of your accommodation and emergency contact numbers.
- If agreement cannot be reached, it is advisable to seek legal advice sooner rather than later, with a view to resolving issues before the planned trip and festive period.
For more tips about how to plan for Christmas as a separated family see How to plan for Christmas as a separated family | Weightmans.
