Legal challenge: Forward plan before child’s holiday break

Legal challenge: Forward plan before child’s holiday break

Legal challenge: Forward plan before child’s holiday break

First published in News Oxford Mail: Photograph of the Author by , Family solicitor and Mediator

If you are thinking of going on holiday with your child(ren) there are a few things to think about if you are divorced or separated from your child(ren)’s other parent.

The first thing to consider and establish is who has parental responsibility.

The law in England and Wales provides for all mothers to have parental responsibility of their children automatically.

All fathers that are married to the mother of their child(ren) also have parental responsibility. If the child(ren) was born on or after December 1, 2003, unmarried fathers that are named on the birth certificates of their children also have parental responsibility.

There are some circumstances where others have parental responsibility, such as step-parents or a local authority but this is a result of an agreement entered into or an order of the court.

Parental responsibility relates to a number of matters and one of them is being able to have a say about whether your child(ren) can go outside of England and Wales. As a parent to a child you must have permission from everyone who has parental responsibility of the child(ren) before you can take them outside of England and Wales.

If you are refused permission or do not seek permission to take the child(ren) outside of England and Wales you could be arrested and charged with child abduction, even if you go to Scotland!

It is always advisable to request and receive permission before booking any holidays.

If you are a parent that is unsure about providing your consent then it is reasonable to request contact details and copies of travel documents such as flight bookings.

If you cannot resolve the matter then your next step is to attempt mediation. If this is unsuccessful then you will need to apply to the court for an order that allows you to take your child(ren) on holiday.

It is important to remember that the court’s paramount consideration is always the welfare of the child(ren).

If you are having ongoing problems with holidays and permission is being unreasonably refused, then it may be that the court will grant you an order that states your child(ren) lives with you.

An order of this nature allows you to go outside of England and Wales with your child(ren) for up to a month without permission of anyone else who has parental responsibility, providing you are not breaching any other orders.

If you are ever unsure of whether you can take your child(ren) outside of England and Wales then you should always seek advice before taking action.

If you need to attend at court to make an application, it can take weeks or sometimes even months before a decision is made.

The holidays should be an enjoyable time so it is always sensible to plan ahead.

  • Our top stories

Man in life-threatening condition in hospital after collision with car near Banbury

Oxford Mail: Thames Valley Police logo

2:33pm Saturday 28th February 2015

A pedestrian is fighting for their life in hospital after being in a collision with a car near Banbury this morning.

Flowers planted at memorial garden to Jayden Parkinson in Didcot by family and friends

Oxford Mail:

1:29pm Saturday 28th February 2015

FAMILY and friends of a murdered teenager have planted flowers at her memorial garden today.

Defibrillator Campaign on target as 1,000 join up to be lifesavers

Oxford Mail:

9:00am Saturday 28th February 2015

AS 1,000 lifesavers have now been trained across Oxfordshire, the campaign to install more than 300 defibrillators is set to hit its target next month.

Good Samaritan conned by Botley petrol fraudster

Oxford Mail:

8:30am Saturday 28th February 2015

A GOOD Samaritan who said she was conned out of £70 by a highway fraudster is warning others about being caught in his trap.

Self-build stardom beckons as Grand Designs presenter heads to Bicester

Oxford Mail: TV presenter Kevin McCloud.

8:00am Saturday 28th February 2015

BICESTER is set for television stardom as the man behind Channel 4’s Grand Designs heads is headed to Graven Hill.

The Witney man converting old boilers into corsets for Oxford Fashion Week

Oxford Mail:

7:00am Saturday 28th February 2015

A HANDYMAN has spent the last three months fitting boilers not for the home, but for the catwalk.

Comments

Comments are closed on this article.

Send us your news, pictures and videos

Most read stories

Local Info

Enter your postcode, town or place name

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree