As the summer season approaches separated parents can often find themselves at loggerheads over holiday arrangements particularly if the trip is overseas.
How do the rules apply to such situations? In most modern relationships both the child’s mother and father share Parental Responsibility for their child. Parental Responsibility is the legal right concerned with bringing a child up, caring for them and making decisions about them. Schools are used to providing information to parents sharing Parental Responsibility and will ensure the holiday dates for the forthcoming year are available. The best option is to reach an agreement for the year. Experience shows that the ability to plan well in advance will provide certainty for both parents needing to book time from work and to plan their respective trips. There are many excellent organisations such as Coventry & Warwickshire Mediation who can assist with mediating concerns that either parent may raise. The legal guidance is clear that each parent should do their utmost to ensure that they provide full details of the trip including where the children are to stay and how to contact them in an emergency.
In the absence of agreement, what can be done? If a Court has already been involved and there is a Residence Order stating that a child should live with one parent, that parent has the right to remove the child overseas for a period of up to one month.
If there is no residence order in force, is it OK for either parent to take a child abroad without the consent of the other? The answer is no. It is a criminal offence to remove a child from England and Wales without the consent of the parents. Therefore, anyone wanting to remove a child must seek the agreement of the other parent or obtain a Court Order.
When applying to Court the Judge is asked to decide whether it is in the best interests of the child for the holiday to take place. In most circumstances it is reasonable for a child to have a holiday overseas with their parent and permission will be granted. If there is a concern that a child may not be returned, safeguards can be put in place. These can include promises to bring the child back at a particular time on a specified day; a bond of a sum of money or “mirror Order” made in the country of travel to reflect the Order to return. These safeguards will not be required in most cases but can be important considerations where the situation is complex.
It is also worth remembering that to travel overseas the child needs a passport. Since October 1998 all children who are not already included on a valid 10 year passport need to hold their own passports to travel abroad.
Holidays are an important time for families, free from the normal constraints of work and pressures of home. Parents should recognise the benefits and do their best to reach an agreement with which they are comfortable. A little reassurance and give and take can ensure a relaxing time for everyone.
