Holiday Guide For Separated Parents
We talk to Louise Halford of Evolve Family Law about what separated parents need to do before they book an overseas holiday with their children
Can separated parents take their children overseas on holiday?
Yes, of course, but separated parents need to communicate with their ex-partner before doing so. It isnβt just a matter of common courtesy, but the difference between your being able to take your children on holiday or not.
If you are married or in a long-term relationship, you donβt just jump on a plane with your children without first discussing your plans. You may be committing a criminal offence if you do so without permission.
In most families, separated parents either need the agreement of their ex-partner or a court order to take their children abroad.
How do you communicate holiday plans to an ex-partner?
Many parents donβt want their former partner to know all about their holiday plans. Thatβs understandable. However, if you have children together, you will likely need their agreement to take your children overseas on holiday, even if the holiday is during your pre-agreed contact time.
Itβs good practice to discuss your plans with your ex-partner well in advance of the holiday. That gives you time to obtain a court order if they refuse to agree to the holiday request. If they agree, get the agreement in writing before booking the holiday, even if itβs just a text.
What happens if an ex-partner wonβt agree to the children going on holiday?
Itβs unfortunate, but sometimes a former partner wonβt agree to the children going on holiday. Providing more information or a carefully worded solicitorβs letter may resolve the problem. If not, a parent can apply to the court for a child arrangement order or a holiday order, as they need either parental consent or court permission, but not both.
How do you go about getting a holiday order?
Most parents want to travel overseas with their children and realise that if they donβt agree to their ex taking the children on holiday, their ex wonβt agree to their next trip. Thatβs why holiday orders are generally unnecessary when a parent understands that consent works both ways.
If an agreement isnβt forthcoming, Evolve Family Law is an expert in holiday order applications. Try to leave a few weeks before your planned holiday so we can schedule a court date to obtain your order.
Whatβs the worst that can happen if you take the children on holiday without a court order or agreement?
The worst that can happen is that you get stopped at the airport and told the children canβt board the plane. Thatβs highly distressing for the children and embarrassing for you and any adult travel companions.
You may think that itβs just a fortnight in Marbella or a holiday destination your ex has taken the children to before, but in my view, itβs never worth the upset to children of being told they canβt go on holiday. Tears, tantrums and disappointment just arenβt worth it.
If you donβt want to start the holiday conversation each year, ask Evolve Family Law to pen a letter to your former partner or ask us about getting a child arrangement order or holiday order that covers your future holidays.
Evolve Family Law, 4 the Clock Tower, Manor Lane, Holmes Chapel, Cheshire, CW4 8DJ, Telephone: 0345 2228222
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