Taking your child on holiday after a divorce or separation

Posted on August 12, 2024

Navigating the school holidays is tough for separated parents, the usual family routine is altered and often neither parent wants to be away from their children for a long period, - but if you want to take your child away on holiday, or out of the country, what do you have to do if you are divorced?

Child Arrangement Order and Holidays

This will depend on whether you are staying in the jurisdiction of England and Wales or going abroad. Where both parents have parental responsibility then you cannot take a child out of the jurisdiction without each other's consent unless you have a Child Arrangements Order (live with), formerly known as a residence order.

A child arrangements order specifies:

Where the child will live (residence).
Who the child will spend time with (contact).
These orders may also include detailed provisions for holidays.

If you have a Child Arrangement Order, then you can remove a child from the jurisdiction for a period of up to 4 weeks without the other parent's consent. However, it is always best to agree to any holidays with the other parent in advance and notify them fully of the arrangements, including flight times, location, and contact details whilst you are away.

Holiday Rights for Separated Parents

Family Law Solicitor, Lucinda McWatt, has some sound advice for divorced or separated couples when it comes to managing children's holidays and here are some key points regarding parental rights:

Parental responsibility

Both parents usually have parental responsibility, meaning they have the right to make decisions about their child's upbringing. This includes decisions about holidays.

Agreement between parents

Parents are encouraged to mutually agree on holiday arrangements and it's advisable to put the agreed holiday schedule in writing and keep copies to avoid misunderstandings. Remember it often benefits your child to spend time with the other parent on holiday.

Specific provisions in Child Arrangement Orders

The child arrangements order may include specific clauses about holidays, such as alternating years (especially at Christmas), specific dates, or notice periods. Some child arrangement orders allow for flexibility to accommodate special occasions or family traditions.

Travel abroad

If one parent wants to take the child abroad, they usually need the consent of the other parent or a court order. If the children are taken out of England and Wales without permission and only one parent has parental responsibility, then it could be a Child Abduction offence.

Similarly, if grandparents or other family members want to take the children on holiday then permission from all those with parental responsibility will be required.

Ensure the child has a valid passport and any necessary visas to avoid further complications and always provide reasonable notice to the other parent about travel plans, including dates, destination, and contact information. Ensure the other parent provides their consent in writing and you have this with you when travelling.

In the event the other parent will not provide consent and where you do not have the benefit of a Child Arrangements Order (live with) then you will need to apply to the Court for an Order.

UK Holidays

Holidays are a special time for you to spend with your children and will leave lasting memories for your children. If you are holidaying in England and Wales, then you do not require permission, but as always communication is vital for the children’s sake and it’s a good idea to let each other know where you are going.

Mediation Information and Assessment Meeting (MIAM)

If parents cannot agree, family mediation can help resolve disputes amicably.

Attending a Mediation Information and Assessment Meeting (MIAM) is often required before applying to court. However, sometimes holidays can be a contentious issue and if that is the case and parents cannot agree on holiday arrangements either parent can ask the court to decide. Should you need to apply for permission from the court to take your child abroad on holiday, you must apply for a Specific Issue Order under section 8 of the Children Act 1989.

If one parent wants to prevent the other from taking the child on holiday, they can apply for a prohibited steps order.

“What should be a lovely time can often be complex and fraught with emotion, so early planning, clear communication, and prioritising the child's best interests are crucial,” said Lucinda McWatt.

“If the child is old enough, consider their wishes and feelings about holiday arrangements” and “Remember to shield your child from conflict.”

If you need legal guidance around holidays or arrangements for children generally, we can provide tailored advice and help navigate complex situations. This could mean a review of the Child Arrangements Order, dealing with non-compliance of the agreement, assisting with disputes and helping mediate or represent you in court if disputes arise.

Legal guidance and mediation can help resolve disputes, but a clear plan, compromise and communication are often the best way forward and having clear, documented agreements can prevent conflicts.

How can we help?

For legal advice on child arrangement orders and holidays or other family matters contact our family law solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.