Molly Johnson
Family & Divorce
Can I prevent my ex-partner from taking my child on holiday?
Unless there is already an existing Child Arrangements Order in place that provides parents with permission to take their child on holiday.
Then consent is required of every individual that possesses parental responsibility for that child.
If you have concerns that your ex-partner is anticipating taking your child abroad without firstly obtaining your consent or possess other serious concerns. You can apply to the Court to obtain a Prohibited Steps Order, to prevent this individual from taking your child out of the country or the area they reside. The application will then be listed for a Court hearing; so, the Court can decide whether it is in the best interests of the child for them to attend the disputed holiday.
Serious concerns that can lead to the Court granting a Prohibited Steps Order include risk of abduction, taking the child out of education, failure of the parent to provide adequate information to the other parent regarding details of the holiday.
What is a Prohibited Steps Order and how do they work?
If the Order is granted by the Court, the Order effectively works as a legal injunction directed by the Court to prevent the parent from conducting the disputed action without firstly obtaining the permission of the Court.
A Prohibited Steps Order will remain enforceable until the child reaches the age of 18, or the Court directs that the Order is no longer effective.
Related insights
Holly Minney
Holly Minney
Molly Johnson, a paralegal in our Family Law Department said:
“If you are anticipating taking your child on holiday make sure you obtain the correct permission beforehand. If you need assistance regrading this, contact one of our team.”