Child Arrangements | Can My Ex Stop Me Taking Our Children Out Of The Country On Holiday?

"Can My Ex Stop Me Taking Our Children Out Of The Country On Holiday?" 

This is another common problem amongst coparents, especially where one party may be from another jurisdiction, or there is a general lack of trust between the parties.

Whether or not a coparent can block an overseas trip comes down to Parental Responsibility, and whether there are any Child Arrangements Orders in place.

Let’s unpack it...

Parental Responsibility:

What is it?

Parental Responsibility means the rights and responsibilities that a parent has in relation to their child or children.

What does it mean?

People with Parental Responsibility are entitled to have a say in major decisions about their child/children, such as:

• where the child should live
• where they should go to school
• what (if any) religion the child should have
• what name they should have
• the giving or withholding of medical treatment, and
• dealing with their money or property 

Parental Responsibility does not entitle someone to interfere with day-to-day decisions such as what the child wears, their hobbies or choice of TV programmes etc, but these significant decisions should be shared.

If people with Parental Responsibility cannot agree, they should ask the Family Court to intervene, and consider applying for a Specific Issue Order.

Who has it?

A child’s birth mother automatically has Parental Responsibility and does not lose it if she and the child’s father or second female parent separate, whether or not they were married.

A father who is married to, or the civil partner of, the child’s mother when the child is born will automatically have Parental Responsibility. A child’s father can also acquire Parental Responsibility by marrying the mother or entering into a civil partnership with her after the child’s birth. Parental Responsibility is not lost on divorce.

Fathers of children born after 1 December 2003 who are not or have not been married to, or the civil partner of the child’s mother will have Parental Responsibility if they are named on the birth certificate of the child. Fathers of children born before 1 December 2003 who were or are not married to the child’s mother may not have Parental Responsibility. It can be obtained by agreement with the child’s mother or by Court Order. The situation is slightly more nuanced for same sex parents.

Certain court Orders can confer Parental Responsibility for a child on people who are not parents, but our focus here are parents.

Child Arrangements Orders

This is an Order setting out with whom a child should live and what time they ought to spend with the other parent.

If a “Lives With” Order is  made in favour of one party, it confers on them the right to take the child/ren away for up to 4 weeks without the explicit consent of the other parent, or the Court.

Going Abroad

So how do the two issues above answer the question? If you share Parental Responsibility, and do not have a “Lives With” Order, then technically, yes, your ex could block a foreign holiday by refusing to give their consent. Removal of a child from the jurisdiction with the other parent’s consent, or an Order of the Court, could be treated as child abduction. In this case you could apply to Court for a Specific Issue Order, and ask the Court to deal with the specific issue of holidays abroad.

If you are the only parent with Parental Responsibility, you do not need the other parent’s consent, but may face a Prohibited Steps Order application if your ex is concerned you might not return. In this case, you could just provide return ticket details for reassurance.

If you share Parental Responsibility, but have a Lives With Order in your favour, technically you are free to go for up to 28 days without the other parent’s consent. However, be cautious about breaching any other provisions within your Order such as child arrangements, and again, provide details as a courtesy.

If you are in this situation, please do contact us and we will be able to advise on your specific circumstances in a fixed fee meeting. Just call 01926 354704 or email: family@moore-tibbits.co.uk 

Article by: Antonia Kirby | Senior Solicitor; Family Law