Can A Foster Carer Take My Child On Holiday?

Family Law Solicitor, Lauren Richards, discusses whether a foster carer can take a child on holiday in her latest blog….

Foster carers taking a child on holiday can be an incredibly distressing time for parents and we as lawyers often get asked, can they do this?

If a child is subject to an Interim Care Order, the Local Authority share parental responsibility for that child with its parents and can make important decisions about the child. Nevertheless, the Local Authority still have a duty to consult with parents and take their views into consideration when making decisions.

Can A Foster Carer Take My Child On Holiday?

Foster carers will often take holidays and parents will frequently be asked if they will consent to their child going as well. This can be extremely difficult for parents as it may be a child’s first holiday and it is perfectly understandable that a parent wants to be part of this.

If the parents do not consent to the holiday, one option open to the Local Authority is for the child to go into respite care whilst the foster carers are away. This is not usually the preferred option however as it can be disruptive and unsettling for the child. Alternatively, the Local Authority could refer the matter to Court and ask the Court to sanction the child going on holiday.

The Courts primary consideration is always the welfare of the child. The Court is likely to conclude that the child going on holiday is in their best interests and it is likely to be a positive experience for the child. The Court are likely to determine that the child going into a respite placement is not in their best interests.

What can be incredibly difficult for a parent can be the loss of contact with their child if they do go on holiday with the foster carers. Usually Solicitors can negotiate some additional contact before/after the holiday to make up for the time that will be lost. If the foster carers consent, it may also be possible to have some virtual contact whilst the child is away.