Holidays abroad and child abduction; what you need to know

So, you have separated from your partner.

It has been a chaotic process, whether you were married and had to divorce or not. Finally, you are settling down into a routine. You and the children seem to be moving on. And with summer holidays approaching, you would like to take them abroad; a treat for them and for you. A couple of weeks on the beach, or hiking, or sightseeing. Maybe you are not the one going with them, but another relative that you trust.

If your ex is a reasonable person, they should be okay with it (unless it interferes with existing plans they might have). But what if they are not? What if they “threaten” to withhold consent for the child to be taken abroad? Do they have a (legal) leg to stand on?

Firstly, ask yourself, is the child or children in question under 16 years old?

If they are under 16, then there could be an offence of child abduction under the Child Abduction Act 1984 unless the consent of all those with parental responsibility (usually meaning the mother and father but can include legal and special guardians also) is obtained. If the child is over 18 then in most cases, there is no legal standing to refuse consent.

While there is provision that it is not a crime if the withdrawal of consent from one of the parents / legal guardians is unreasonable, it is better to be safe and not take risks.

Second, is there a child arrangement order?

If there is an order from the court naming who the child should live with (known as a section 8 order under the Children Act 1989), and that person is you, then you can take or send the child abroad for less than a month, but no more ( and you do not need the consent of the other parent).

Many court orders about children set out exact arrangements about holidays – and they should be adhered to.

If you are facing a situation where the other parent is withholding their consent unreasonably then the first step would be to talk about it – try and get them to mediation. If that is impossible then consider issuing court proceedings.

You will need to do this in good time – to be on the safe side, about four to six months ahead of your holiday , and that is assuming that the other parent see sense at the first hearing or that the magistrates/judge makes a robust order right at the beginning of the process.

 

If you think you could use some more tailored advice then see here for ways to contact us. Our first interview with a client is £360 – and you can take as long as you need to tell us your problem.