Navigating summer holidays as separated parents
With the summer holidays fast approaching many separated parents will be planning holidays at home and abroad with their children and making arrangements with their children’s other parent.
Shared care arrangements over the holidays may already have been agreed in advance informally, by way of Minute of Agreement or Court order regulating contact over the school holidays. However, if this is not the case, or you wish to make some changes, this is something to consider as early as possible in your holiday plans.
What does the Law say
Legally there is a difference between taking a child on holiday within the United Kingdom and abroad. Section 2(3) of the Children (Scotland) Act 1995 states that, no person is entitled to remove a child who is habitually resident in Scotland out with the UK without the consent of any other person who holds Parental Rights and Responsibilities, unless there is a court order regulating the matter. This rule applies up until a child is 16.
While the 1995 Act does not require a signature from the other parent as proof of consent to the child travelling abroad, we would generally advise parents obtain this to avoid any issues at the airport.
The country you intend to travel to may have different regulations, and these should be thoroughly researched before travel. If you have a different surname from your child, you may require to bring your child’s birth certificate or Decree of divorce [if that is the current form of your relationship].
Border controls can be thorough when an adult is travelling with a child, and our family law team can assist in preparing the relevant documents that may be required to travel abroad with your child.
Withholding consent to travel
If you wish to take your child on holiday abroad and the other parent is withholding their consent, you can apply to the court to grant an order known as a “Specific Issue Order” to allow you to travel. Such orders can allow release of the child’s passport to you, if withheld, and authority to travel abroad for a specified period.
Likewise, if you are concerned about your child travelling abroad with your former partner, as a parent with parental rights and responsibilities, you also have the authority to withhold or withdraw your consent to travel if considered in your child’s best interests. The test for the court here is to determine if consent is being withheld unreasonably.
If you consider your child’s other parent may seek to take your child abroad without your consent, you can apply to the court seeking an order preventing them from being removed from the UK.
Preparation is key
As with any holiday plans, forward planning is key. Share you plans with your child’s other parent as early as possible and if you have any concerns consent may be withheld, speak to a family law solicitor who can assist with getting your family holiday back on track.