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We're all going on a summer holiday - but can we take the kids?

(4th July | 11:27)

The school summer holidays are approaching and for many parents this can mean additional pressures of arranging extra childcare, co-ordinating activities to keep the little ones amused, and if they are lucky, a trip abroad for some well-deserved sunshine.

But what if you are separated from your child's other parent, or going through a divorce, and holiday arrangements are something you can't agree? How do you avoid a case of the summertime blues?

Parental Responsibility

First of all, it is necessary to establish who has Parental Responsibility (or "PR") for a child.

In essence, PR is the right to be consulted and involved in decisions concerning a child's upbringing. Whilst this is not an exhaustive list, this includes decisions about medical treatment, education, religion, and, most importantly, removal of the child from the jurisdiction (England and Wales).

PR is automatically obtained by both parents if they are, or were, married to one another. Unmarried fathers also automatically obtain PR if their child was born after 1^st of December 2003, and their name is recorded on the birth certificate. Alternatively, unmarried parents can enter into a Parental Responsibility Agreement, or in cases where there is a dispute about PR, apply to Court for a Parental Responsibility Order. Finally, PR is automatically acquired by a person who has a Residence Order in their favour in relation to a child. Again, this is not an exhaustive list but these are the most common ways of obtaining PR.

Going abroad

So, I hear you ask, what has this got to do with my summer holiday? Taking a child abroad on holiday is viewed as a removal of the child from the jurisdiction. In order to do so, there must be the consent of every person with Parental Responsibility.

Going abroad without gaining this consent can, in the most serious cases, be viewed as child abduction and could result in criminal sanctions against the person who has removed the child. At the very least, it could jeopardise that parent's position as the primary carer for the child, or any planned application for shared residence, or contact. The courts take a very dim view of unilateral action in these circumstances so care should be taken.

The one exception is if a parent has a Residence Order in their favour. In those circumstances, the Order usually provides for them to take the child outside of the jurisdiction for up to one month at a time without gaining the consent of anyone else with PR.

Troubleshooting

So how can you avoid, or resolve, disagreements about summer holidays? Here are some ideas: -

PR. If you are in any doubt as to whether you have PR, and therefore whether your consent is required for your child to go abroad on holiday, you should seek specialist legal advice. You may be able to obtain PR either by entering into a PR agreement or obtaining a PR Order.

Passports. Anyone with PR for a child can apply for a passport on their behalf. It is therefore essential that you decide who is going to apply for, and hold, the passport when you separate. You should also make sure that the document is provided to the parent going away on holiday well in advance of their departure.

Communication. It is essential to discuss and plan holiday arrangements well in advance with your child's other parent. You should also ensure that the parent who is staying in England has the details of your flights, accommodation, and a contact telephone number, so they know where the child is and can contact them if they need to.

Take action. If you are unable to reach an agreement about holiday plans or your child's passport, it is possible to have the issue determined by the Court, although this should be viewed as a last resort. Above all, if you are in any difficulty you should seek specialist legal advice with a view to reaching an agreement well in advance of your holiday.

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We're all going on a summer holiday - but can we take the kids?

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