Many parents are unsure of their rights when it comes to taking their children on holiday following divorce or separation from the other parent. “Can I take my child on a holiday abroad after separation or divorce?” becomes a very common question – and one to which surprisingly few parents know the right answer.
Very simply, after divorce or separation,a child should not be taken abroad without first obtaining clearance from the other parent. If a parent has a residence order they are technically allowed to take the child overseas for up to a month without first getting permission and the other parent legally has not parental responsibility, their permission need not technically be obtained. However, it is advisable to seek permission irrespective of the legal status of the other parent largely because it protects you from accusations of child abduction and ensures that the other parent knows the whereabouts of their child.
It is important that you get permission in writing just in case you face any accusations later on and needed evidence to prove that the trip was approved.
Taking a child abroad after divorce – the courts usual approach
If the other parent will not give you permission, you will need to involve the courts who are highly likely to authorise the trip as long as you provide details of your travel and where you are staying and that the trip is sensible. If you wish to go for longer than a month, you will also need to demonstrate that the other parent and the child’s schooling will not be adversely affected.
For the right legal advice on divorce-related child matters – call out team
The welfare of children should always come first for separating couples and it is therefore important to seek specialist advice on the difficult issues that arise as a result of separation/divorce.
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