Planning a family holiday after divorce can be a joyful way to create new memories, but it also comes with legal responsibilities. If you’re a separated or divorced parent in England or Wales, understanding your legal rights and obligations around child arrangements is essential before booking that trip abroad.
The Family & Divorce Team at Bromleys lays out what you need to know about planning a family holiday after your divorce.
Do You Need the Other Parent’s Consent?
Yes, you must obtain the other parent’s consent before taking your child abroad, even for a short holiday. This applies unless you have a Child Arrangements Order stating the child lives with you, in which case you can take them abroad for up to 28 days without consent.
Failing to get permission could be considered child abduction under UK law, even if your intentions are innocent. Always get written consent and keep it with you when travelling.
What If the Other Parent Refuses?
If the other parent refuses to give permission, you can apply to the Family Court for a Specific Issue Order. The court will consider whether the holiday is in the child’s best interests. Factors include the destination, travel dates, accommodation, and how the trip affects the child’s routine and contact with the other parent
Consider the Child’s Passport and Travel Documents
Make sure your child’s passport is valid and that you have it in your possession. If you need to apply for a passport and the other parent won’t cooperate, you may need a court order to proceed. The HM Passport Office often requires both parents’ details, especially if there’s a dispute.
Communicate and Plan Ahead
Clear communication is key. Share your travel plans early, including:
- Dates of travel
- Flight and accommodation details
- Emergency contact information
- How the child will stay in touch with the other parent
This not only builds trust but also helps avoid legal disputes.
Respect Existing Court Orders
If there’s a Child Arrangements Order or Prohibited Steps Order in place, you must comply with its terms. Breaching a court order can have serious consequences, including enforcement proceedings or changes to custody arrangements
Think About Travel Insurance and Medical Needs
Ensure your child is covered by comprehensive travel insurance, especially if they have medical conditions. You may also need a letter of medical consent if your child requires treatment abroad.
Legal Advice Can Help
If you’re unsure about your rights or facing resistance from your ex-partner, seek advice from a family law solicitor. They can help you navigate the legal process and apply for the necessary court orders if needed.
How Can Bromleys Help?
Planning a holiday after divorce doesn’t have to be stressful, but it does require careful legal planning. By understanding your responsibilities and communicating openly, you can ensure a smooth and enjoyable trip for you and your child.
For more guidance on child arrangements after divorce, get in touch with our family law specialists. Call us today on 0161 884 0905 or email bromleys@bromleys.co.uk and see how we can help.