Disputed holidays during COVID-19: Can I take my child on holiday if the other parent disagrees?
With lockdown measures soon to be lifting, many parents are now considering holidays over the summer.
Life is still uncertain with the travel restrictions which are currently in place and as we wait for the COVID-19 vaccination programme to take effect. What if your child’s other parent doesn’t agree with your holiday plans? Or if you don’t agree with a holiday to a country that they are suggesting?
Much will depend on the location of the holiday, who is legally responsible for the child and whether a Court order is in place. Here are some useful facts to know if you are a separated or divorced parent and are considering a summer holiday in 2021 with the kids.
If you and your child’s other parent both have what is known as “Parental Responsibility” for your child and there are no court orders in place, then you can’t take your child abroad without the consent of the other parent.
Who has Parental Responsibility?
Married couples
Mothers and fathers who are married when the children are born will automatically have Parental Responsibility.
Unmarried couples
Unmarried mothers automatically have Parental Responsibility. If you were registered as the father on the birth certificate (from December 2003), you have Parental Responsibility from the date of registration of the birth. In case of a fractious relationship, where he is not on the birth certificate the father may apply to the court for a Parental Responsibility order.
Stepparents
People who subsequently marry or enter into a civil partnership with a parent of a child can acquire Parental Responsibility by agreement with the child’s parents or by an order of the court.
You don’t always need the consent of the other parent for routine decisions, even if they have Parental Responsibility, but you dofor major decisions relating to your child’s education, medical and religious upbring and other important welfare related issues.
Taking your child abroad without permission may be construed as child abduction. If the other parent does not have Parental Responsibility you don’t have to obtain their consent, but you should discuss the arrangements with them and try to do so to avoid conflict.
Can I take my child on holiday within the UK?
You do not need consent from the other parent if your holiday is within England and Wales and falls on the agreed dates that your child is with you. If the holiday falls on days when your child should be with their other parent, you will require their consent.
“It is worthwhile letting the other parent know your travel details and plans.”
When do I not need consent from my former partner?
If you have a court order (known as a “Child Arrangements Order”) in place which expressly states that your child lives with you, or an order from the court that specifically states you can take your child abroad, then you can take your child abroad as set out in the order or if there is no court order, for up to one month without the other parent’s consent. Even if you can travel without consent, it is always sensible to let the other parent know your travel details and plans.
What if I need consent and my child’s other parent won’t agree?
Consider mediation instead of court, which is costly and can be detrimental to your parenting relationship. You can apply to the court for a ‘specific issue order’ under the Children Act 1989. This should be a last resort.
Other than in certain circumstances you are likely to be required to attend a Mediation Information and Assessment Meeting (known as a “MIAM”) before your court application is issued to ensure that you have a full understanding of the benefits of mediation before you embark on a court application.
The court will consider whether it is in your child’s best interests to go on the holiday. Given COVID-19 travel restrictions, and uncertainty surrounding when they will be lifted or amended, depending on the choice of location and timings it may be difficult to gain court approval. Travel corridors are susceptible to change, and the court is likely to be aware of the emotional impact on a child if you are unable to return or need to self-isolate or quarantine for extended periods of time on your return. The situation may vary on a week by week basis.
“A court will focus on genuine concerns for your child’s welfare – the risk of exposure to COVID-19, and the impact of self-isolation during quarantine afterwards”.
What if I don’t want my child’s other parent to take my child on holiday?
If you are objecting to your child’s holiday with the other parent, consider your reasons for objecting. A court will focus on genuine concerns for the child’s welfare, including the risk of exposure to COVID-19 (particularly if your child has an underlying health condition) or the impact of self-isolation after the holiday.
If you are worried that your child’s other parent will take your child on holiday without your agreement or a court order, then you could apply for a “prohibited steps order”. This type of order prevents a parent taking any step specified in the order without the permission of the court. Practical remedies such as holding the child’s passport might prevent the need to make such an application.
What if we cannot agree?
At Ribet Myles, our lawyers are members of Resolution, a national body committed to the constructive resolution of family disputes. We are happy to help you try and communicate with the other parent to discuss the issues and to help you resolve your dispute.
Mediation is another forum which may be appropriate. We can recommend suitable mediators and be present with you during the mediation sessions if you wish.
We will do our best to help you reach an agreement without having to attend court. If however this is not possible it may be necessary to make an urgent application to the court and apply for a specific issue order. This is an order sought from the family court to determine a specific question which has, or may arise, in connection with any aspect of Parental Responsibility for a child. The court will decide what is in the child’s best interests, assisted by a statutory checklist of factors.
If you would like any further information, please contact one of the team at Ribet Myles on: