As the school holidays approach, arrangements for children may become more complex. Separated parents do not always agree on holiday plans for their children. What can one parent do if they do not agree to the holiday plans of the other parent?
Holidays Abroad & Outside of the Jurisdiction of the Court
Where A Child Arrangements Order (CAO) is in place
Where a CAO is in place, then the person who is named as with whom the child lives is entitled to take the child abroad and out of the jurisdiction for a period of up to, but less than, a month. They do not need the consent of the other parent to do this. Should the period be for a month or longer, then the consent of the other parent would be required.
In the event that either parent does not approve of a planned holiday (of less than a month) they can apply to the Court for a Prohibited Steps Order (PSO) to prevent the child being taken on the holiday. The Court will decide the application on the basis of what is the best interests of the child – the child’s welfare will be paramount. Should the Court be of the view that the holiday will be in the best interests of the child, then it will be allowed to go ahead.
It is also open to the parent who is proposing a holiday for a month or more (where there is no agreement) to apply to the Court for a Specific Issue Order (SIO) permitting the child to go on the holiday. Again, this will be dealt with in accordance with the best interests of the child.
Where no Child Arrangements Order is in place
Where there is no current CAO, the parent intending to take the child abroad would need the consent of the other parent. Should the travelling parent not obtain consent, but take or send the child abroad (where the child is under 16), they will be committing the offence of Child Abduction. It is, therefore, prudent to obtain a consent in writing from the other parent.
Where there is no agreement then, as above, the parent wishing to take the child on holiday can apply to the Court for a SIO, or the parent not in agreement can apply for a PSO. Any applications would be dealt with on the basis of what is in the best interests of the child.
Holidays within England & Wales
Where one parent does not agree to the holiday, then they can apply for a PSO to stop the child being taken on the holiday. Equally, the other parent wishing to take the child on holiday can apply for a SIO. It will be the welfare of the child that will decide the issue.
Mediation
Points to Note
On a practical level, if you are looking to make an application for permission to take a child abroad, the sensible approach is to have, as a minimum, evidence of the return flights, details of the holiday accommodation (where and how long the stay is), with evidence of the booking and why you consider it to be in the best interests of the child.
To oppose an application for a SIO, or to apply for a PSO (because you do not want the holiday to happen), it will be necessary show why you believe it is not in the best interests of the child; for example that the proposed destination is not safe or that the holiday will be in school term time, if that is the case.