Taking Your Child On Holiday After Separation

Image of family of three on a beach at the waters edge.

Although the school summer holidays may seem a long time ago, many parents wish to take their child(ren) on holiday for October half-term and over Christmas. Parents will want to know what their rights are in relation to taking their child(ren) away and whether they need to have the other parent’s consent.

What Are My Rights On Taking My Child(ren) On Holiday?

If there is a child arrangement order in place, then this must be adhered to. There may be a schedule setting out the times when each of parent is able to take the child(ren) on holiday and there may even be reference to the arrangements for this, such as passing on the details to the other parent.

What If There Is No Court Order In Place?

If there is not a Court order in place or if the Court order does not place any restrictions upon taking the child(ren) on holiday, then you do not need the other parent’s consent to take them away in the UK. However, please note that the United Kingdom only comprises of England, Scotland, Wales and Northern Ireland. It does not include the Channel Islands or the Isle of Man.

What If I Want To Take My Child Outside The UK?

In these circumstances, you need the consent of everyone with parental responsibility. Usually this is just the other parent, but you must consider this against your own family dynamics.

There may also be an order that has been made by the Court concerning this. This may be a specific order allowing you to take the child(ren) out of the country if you are not the resident parent.

If there is a child arrangement order in place and it specifies who the child(ren) lives with, that parent can take them out of the UK for a holiday for a period of up to one month without the consent of the others who have parental responsibility.

Regardless, it is best to obtain written consent from all of those with parental responsibility to confirm that they do not object to you taking the child(ren) abroad. A copy of the existing child arrangements order may also be handy.

If you do not have consent of the other parent/others with parental responsibility or order of the Court, then you may be committing a criminal offence by taking the child(ren)out of the UK and Border Control are vigilant to such matters.

How Can Timms Help?

Should you wish for any further advice on taking your child(ren) on holiday after separation, please do not hesitate to contact me on 01332 364436 or via email at l.watson@timms-law.com.