Molly Johnson
Family & Divorce
Do I need consent to take my child on holiday?
If there is a Child Arrangements Order implemented that directs for the child to reside with one parent and spend time with the other parent, the parent who was granted residence of the child; has permission to take the child abroad for up to one month without the other parents’ consent.
If there are not any Court Orders, the separated parents must seek permission from everyone who possesses parental responsibility for that child.
How should I obtain consent?
Consent is typically obtained through a letter of parental consent. For this letter to be valid it should address the following:
- Child’s name, date of birth and passport number.
- Dates of the holiday and the airport you will be flying to and from if applicable.
- Details regarding where you are staying.
- The letter must detail all individuals who will be attending the trip and their contact details.
- The letter must be signed by all parties who have parental responsibility for the child.
What to do if your former partner does not consent to you taking the children on holiday?
If your ex-partner refuses to permit you to take your child on holiday, you can make an application to the Court to obtain a Specific Issue Order.
A Specific Issue Order grants the Court permission for the applicant parent to take the child on holiday in instances that the other parent does not consent. Upon the Court determining whether to grant a Specific Issue Order; the Court will also consider whether granting the Order will be in the child’s best interests.
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.”