Coming up to the summer holidays the question of whether separated parents can take the children on holiday will often arise. Some parents find it difficult to agree holiday arrangements.
In nearly all families, both parents will have what is known as “parental responsibility” of their children. Parental Responsibility is a legal concept about the legal rights, duties and obligations parents have in respect of their children. Parents should be exercising their parental responsibility together and making joint decisions about the care of the children, including when they go on holiday with each parent.
If you already have a child arrangements order confirming that a child lives with you (formerly known as a residence order) then that parent is able to take the child out of the country for a period of up to 28 days without the other parent needing to give their permission. Without such an order then both parents should give their permission before the child can be taken on holiday outside of England and Wales.
If a parent will not agree to the holiday then a judge can make the decision as to whether the child should be able to go on the holiday (whether in this country or abroad). The first consideration on whether the child should go on holiday will be given to the child’s best interests, this is the paramount concern of our legal system when making any decision about a child. Where the holiday is, who is going, how long it is for, what the concerns are about the holiday will also be considered.
In many situations, it is lack of communication between the parents which lead to the concerns about a holiday. If the parents can talk about their concerns we can usually find a way to provide reassurances so that the holiday can take place. By coming to mediation and trying to agree a way forward you both have much more involvement in how the holiday takes place or in agreeing an alternative plan which is better suited for your children.
