We are all going on a Summer holiday, aren't we?
Posted on 24th April 2019 at 10:41
Finally it’s here! That big old yellow thing is back in the sky, and suddenly the world seems a happier place; so what better way to celebrate than planning your jollies!!
Gathering the kids and jumping on a plane, ready to lay on the beach with an ice cold drink and bathe in the sun. Sounds perfect doesn’t it? But, for some, it isn’t as easy as it sounds - not when there’s an ex-partner involved, and the question of whether they will even let you leave the country with your child in the first place.
Legally, a parent (or someone with parental responsibility) can take a child away on holiday for the maximum of 4 weeks without the written consent of the other parent; however, this can only be done on the condition that a Child Arrangements Order is in place. As your Local Lancaster Family Solicitors, we must advise you that should you not have an agreed Child Arrangements Order in place and you share responsibility for the children, then you must advise the other parent of your travel plans and obtain their written permission for each child. Should you go against this then, legally speaking, you are committing a serious offence of abduction, which can lead to either a very pricey fine, or a prison sentence.
Should the other parent unreasonably withhold their consent to you taking the children out of the UK, then an application can be lodged with the Court; a Judge will then assess the situation and take into account the reasoning for each party, for example 'Is this in the best interest of the child and is the holiday child friendly?'.
In the majority of cases, the Court would overrule the resisting parent and allow the children to travel abroad on the condition that the travel details are given, the exact times and dates, flight numbers of the flights, and contact number for hotels or accommodation. The Court will only make this provision should the child and parent they are travelling with have an existing relationship. For example, it would be usually for the Judge to allow a parent that hasn’t seen the child in number of years to leave the country with the child. Should the travel plans not be in the best interest of the child then the judge will deny the request.
Should you have sole responsibility for the child then of course no permission is needed for you to travel abroad with them, however MG Legal, Your Local Family Solicitors, would always advise that, where possible, you try to seek the permission of the other parent to avoid any unnecessary conflict. We all want an easy life, after all, right?
As a parent without parental responsibility, should you not agree to your child being taken abroad then as Lancaster Family Solicitors we would advise that you apply to the Court for a Parental Responsibility Order and a Prohibited Steps Order to prevent the trip taking place.
Should any other family members wish to travel with the child, such as grandparents, aunts and uncles, then they would have to obtain the written permission from both parents.
Our Family Department at MG Legal are always happy to assist with any question or concerns you may have so please do not hesitate to give us a call on 01524 581306 and book in to see us.
MG Legal - Your Local Solicitors
Tagged as: Family Law, Lancaster Family Solicitors, Marriage, Preston, Solicitors in Longridge, Your Local Solicitors
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