Post divorce: How to Have a Harmonious Holiday with your children

Planning a holiday abroad with your child when you are no longer in a relationship with their mother or father can be an overwhelming experience, as it involves navigating several legal considerations. Set out below is a general guide on the potential issues that may arise when travelling with children post-divorce and how to address them effectively. 

Permission from Those with Parental Responsibility 

In England and Wales, you need permission from anyone with parental responsibility, usually the other parent, or a court order, to take your child abroad after a divorce. Without this consent or a court order, taking your child out of the country can be considered child abduction. However, if you have a Child Arrangements Order stating that your child lives with you, you can take your child abroad for up to 28 days without needing permission.  

It is important to remember that even where such an order is in place, any requirements set out in that order about travel aboard should be followed.  This will usually include providing full details of the holiday to the other parent, including but not limited to flight details, accommodation and travel dates.  Care will also need to be taken to make sure that if a holiday impacts the other parent’s time with the children, that alternatives dates are agreed so the court order is not breached.  

In the absence of a Child Arrangements Order, and if the other individual with parental responsibility withholds consent unreasonably, you will likely need to apply for a Specific Issue Order from the family court. Taking your child abroad without the correct permission can have serious legal repercussions, including being ordered to return the child and facing criminal charges. It could also harm your position in any ongoing or future family law proceedings. 

If your ex-partner refuses to consent, it is often beneficial to try to resolve the issue amicably through mediation. If this fails, you can apply for a Specific Issue Order, where the court will consider the child’s best interests, including the benefits of the holiday and any potential disruptions to their routine. 

Consent may be reasonably withheld if there are genuine concerns about the child’s welfare, such as risks of abduction or travel to high-risk countries. 

Travel Documentation and Different Surnames 

When a child travels without one or both parents, especially if they have a different surname to the person taking them abroad, it is recommended that the following documents are carried with you to avoid complications: 

1. Valid passports for both you and your child; 
2. A written letter of consent from the other individual with parental responsibility, including their contact details; 
3. A copy of any relevant court orders;  
4. Your child’s birth certificate or a certified copy naming you as the parent or legal documentation confirming your parental responsibility; and  
5. A marriage certificate if your name changed after marriage. 

Different countries have varying entry requirements, so you should check the specific documentation needed for your destination to help prevent any misunderstandings. 

Preparation is Key 

To avoid last-minute issues, start planning well in advance, ideally at least three months before your travel date. This allows time for mediation, legal applications, and obtaining necessary documents. If court involvement is needed, the process can take longer, so early preparation is essential. 

By preparing thoroughly, you can create positive holiday memories for you and your child, free from legal worries.

If you would like to speak in confidence to the family team at B P Collins regarding the above or any other family matter, you can email enquiries@bpcollins.co.uk or call 01753 889995.