Planning a holiday can be an exciting adventure, but when it involves taking a child along, there are additional steps you need to consider. One of the most crucial aspects is ensuring you have all the necessary permissions and documentation to make your holiday stress-free and enjoyable.

What is Parental Responsibility?

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has for a child.

If you are the child’s mother, you automatically have parental responsibility. However, you still need the permission of anyone else with parental responsibility before you take the child abroad.

If you are the child’s father, you will have parental responsibility if you are named on the child’s birth certificate, you were married to the mother when the child was born or you have a court order declaring parental responsibility.

Taking a Child on Holiday Abroad

You can take a child abroad for 28 days without getting permission of the other parent but only if a Child Arrangement Order says the child must live with you, unless the court order says different. Otherwise, you must get the permission of everyone with parental responsibility for a child or from the family court, before you take the child abroad.

It is important to have an open and honest conversation about the trip. Explain the details, including the destination, duration, and activities planned. This transparency helps build trust and ensures that everyone is comfortable with the arrangements. If the other party agrees, you could draft a permission letter which should include the other person’s contact details and details of the trip. You may be asked for this at the UK or foreign border.

Getting a Specific Issue Order to Take Your Child Abroad

If you cannot obtain permission from the other parent or guardian, you may need to apply for a Specific Issue Order. This is a court order that grants permission for a parent to take their child abroad when the other parent with parental responsibility does not agree.

The steps for making a Specific Issue Order are below:

  1. Seek Legal Advice: It is advisable to seek legal advice before applying for a Specific Issue Order. A solicitor can help you understand the process and prepare your application.

  2. Complete the Application Form: You will need to complete the C100 form, which is used to apply for a court order under the Children Act 1989. This form requires detailed information about the child, the parents, and the specific issue you are asking the court to decide on.

  3. Submit the Application: Submit the completed C100 form to your local family court. You will also need to pay a court fee, although you may be eligible for a fee exemption or reduction if you are on a low income.

  4. Attend the Court Hearing: Once your application is submitted, you will be given a date for a court hearing. Both parents will be required to attend the hearing, where the judge will consider the evidence and make a decision based on the child’s best interests.

  5. Receive the Court’s Decision: If the court grants the Specific Issue Order, you will be legally permitted to take the child on holiday without the other parent’s consent. Ensure you carry a copy of the court order with you when traveling.

Taking a child on holiday requires careful planning and adherence to legal requirements. By ensuring you have the necessary permissions, you can ensure a smooth and enjoyable trip for everyone involved. Always remember to communicate openly with anyone else who has parental responsibility and respect their wishes and concerns.

Get Advice from a Family Law Solicitor

Here at Farleys, we have a team of family law specialists with expertise in child law matters whi can help you navigate any issues relating to children you may be having with their other parent. For a confidential discussion, please call 0845 287 0939, get in touch by email, or use the online chat below.