Christmas Holidays for Separated Parents

With the festive period fast approaching, separated parents will be making arrangements for the Christmas holidays with their children. In the absence of a Court Order, what if one parent wishes to take their child abroad?

From a legal perspective, taking a child ‘abroad’ means taking them out of the jurisdiction of England and Wales. A child should not be taken abroad without the permission of all those who have Parental Responsibility (PR) for that child.

Mothers automatically have PR for their children, as do fathers who are named on the child’s birth certificate or are married to the child’s mother when that child is born.

Most parents will be only too pleased if their child has the opportunity to enjoy a holiday abroad but it is always prudent to contact all those with PR for a child in good time before the holiday, and ideally in writing, to ensure that there are no objections.

If anyone with PR refuses permission for the child to go on holiday, an application to Court may be required.