Partner Article

Holidays are coming

With only a few weeks until schools close for the long summer holiday, parents must be careful not to fall foul of the Child Abduction Act 1984 when planning holidays abroad. It may come as some surprise that a parent does not enjoy an unrestricted right to take a child abroad.

It is a criminal offence under the Act to take or send a child out of the United Kingdom without the, “appropriate consent”. But who needs to give their consent?

Well, anyone who is, “connected with a child under 16” such as a parent, guardian, special guardian or person in whose favour a Child Arrangements Order (previously known as a Residence Order) is in force.

Planning and communication are key and the other person should be approached in good time.

It’s good practice to give notice of any proposed holiday and I’d suggest that this is usually done at least 6 weeks before the proposed departure date. If consent is unreasonably withheld then there should be sufficient time to make an application to the Court for a specific issue order; an order seeking permission of the Court to take the child abroad.

It is also sensible to provide details of the holiday destination, accommodation and the names of the persons travelling in the party. If the child is going to miss time usually spent with the other parent it would also be helpful to offer details of alternative contact.

If, however, a Child Arrangements Order providing that the child lives with the parent wishing to take the child on holiday is in place, then that person may remove the child from the jurisdiction for up to one month without seeking consent or permission of the Court. If the holiday is for a month or longer, permission of the Court is required.

Hopefully, with proper planning the stress of taking children on holiday can be limited to whether the passports and travel sickness medication have been packed!

Simon Dakers is a Partner at Gordon Brown Law Firm LLP which has a dedicated family and matrimonial Team with offices in Newcastle and Chester le Street. He is a member of the Law Society Family Law Panel and Children Panel and an Accredited Specialist with Resolution. To find out more, visit www.gblf.co.uk

This was posted in Bdaily's Members' News section by Simon Dakers .