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Can I take my child on holiday if the other parent does not consent?

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Now that the national lockdown has lifted and the possibility of international travel is an increasingly more viable option, many will be looking to get away and go abroad for some proper summer sun. Issues often arise when parents are separated and one parent wishes to take their child or children abroad, but the other parent does not agree. There are various answers to this question, depending on what the family circumstances are:

Parental Responsibility

Any parent with Parental Responsibility for a child, is permitted to take that child abroad on holiday for a period of up to one month, with the other parent’s consent. If a parent does not have Parental Responsibility for a child, then they are not permitted to remove the child from the UK without the other parent’s permission, and would be liable to Abduction proceedings, if they did so. 

Child Arrangements Order

If there is a Child Arrangements Order in place in relation to a child, then there is usually a warning on the Order, specifying that it is a criminal offence for either party to remove the child from the UK, without the consent of everyone with Parental Responsibility, unless the Court has given express permission. However, if an Order has been made for the child to live with a person, that person may take that child out of the UK for up to a month at a time.

If you require advice in respect of a Children Matter, or wish to discuss your options, please do not hesitate to contact the Family Department at Johnson Astills to arrange a Fixed Fee Initial Consultation, during  which you will be able to discuss your queries with one of the specialists in our Family Law Department, who will be able to provide you with expert advice.  If it is easier for you, please feel free to contact Johnson Astills by phone on 0116 2554855, in order to access expert advice.