Is England’s cold, dreary weather making you want to book a sunny holiday for you and the kids?
Maybe you want to go on a trip to Spain or Greece, or perhaps you’re considering going all out on a Disney World adventure in Florida.
Unfortunately, it may not be as simple as picking your dates and putting down a deposit if you and your children’s other parent are separated.
To avoid complications, we advise you to seek written consent from your child’s other parent before booking a trip.
This should include details such as the destination, travel dates, and a summary of arrangements.
While verbal consent may be helpful, it is not legally reliable. Without written confirmation, the other parent could later dispute giving permission.
Some parents agree on a blanket permission letter, but a trip-specific agreement can prevent issues at border control.
Getting consent to travel as early as possible is advisable – you don’t want to wait until you are all stood at the airport only to have the trip ruined before it’s even begun.
If the other parent refuses permission, you will need to explore mediation.
These approaches help facilitate an amicable discussion and lead to an agreement without court intervention.
In cases where mediation does not end in an agreement, you can apply to the court for a Specific Issue Order.
The court will consider factors such as:
The parent objecting to the holiday will be required to provide a valid reason for their objection, such as concerns about abduction or an extended separation from the child’s usual routine.
Sometimes, especially if you travel alone with a child with a different surname, you may be subject to additional scrutiny at border controls.
To avoid delays, make sure to take the following with you:
Another important (and obvious) document not to forget is everyone’s passport – you won’t get very far without it.
If disputes concerning travel are constant or one parent is using consent as a means of control, you may wish to apply for a Child Arrangements Order.
This can be useful in establishing clear parameters for travel and living arrangements to prevent future conflicts.
Are you having trouble getting permission to travel with your child? Has your co-parent refused to let you take your child abroad?
Our experienced family law team at Ansons can help you understand your options and secure the necessary permissions to make sure you all enjoy your holidays wherever the destination.
Get in touch today for expert guidance and support.