Can you agree a consent form?
The school holidays are fast approaching, and many are eager to jet off and take a well-deserved summer break. However, it is important to think before you book. If you have children and are separated from their mother or father, it is necessary to seek approval from the other parent or people with parental responsibility for your child if you are planning to take your child on holiday. The best approach is to ensure a consent form is drafted and agreed, confirming you can take your child on holiday and to ensure that no issues arise. You might find it helpful to agree holidays abroad as soon as you receive your child’s school timetable so that both parents have sufficient time to consider and agree terms.
All parties who have parental responsibility for a child must provide consent to any holidays abroad. If the holiday is within England and Wales, there is no strict requirement to seek approval or share details the holiday, providing that it falls within the time your child would usually spend with you.
Is there an Order in place?
If there is a Child Arrangements Order in place, the situation is different. If you have an Order which says that your child lives with you and has contact with the other parent, you may take your child on holiday for a period of up to a month without the consent of the other parent. If the Order says that you are to have contact with your child, the first step would be to discuss the matter to try and reach agreement over holiday arrangements. If you cannot reach agreement, it may be that mediation would be useful to discuss this. If this is not possible, you could consider an application to the Court for a Specific Issue Order to make a decision.
What if my child is taken on holiday without my consent?
If you believe that your child could be taken on holiday without your consent and you have serious concerns about this, you could consider making an application to the Court for a Prohibited Steps Order to prevent this. If your child is taken on holiday without your consent and you have serious concerns about their welfare, we would advise you to contact the police who are able to act if they consider that there is a serious and imminent threat to your child. In addition to this, you can make an application to the Family Court who can make an Order to assist with your child being returned. If you find yourself in this situation, it is important to seek legal advice as soon as possible.
The Court's paramount consideration is always the welfare of a child, and the Court will not engage with minor grievances that parents have with one another. Therefore, it is important to only make such an application if there are reasonable grounds for doing so. We would always advise parents to discuss decisions in relation to their child together where possible. If this is not possible, get in touch with one of our friendly team who can offer you advice on the best approach to move forward.
Book a free first consultation for advice about arrangements for children
At hpjv, we offer a free first consultation on all family matters, including contact arrangements. We also offer fixed fees where appropriate to make sure that you have clarity on how much your matter will cost, removing any unnecessary worry of escalating legal costs.
Get in touch with our child law solicitors in Newport today for further information.
