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Can I take my child on holiday abroad?

We are regularly asked this question at Browell Smith & Co.

The simple answer is Yes, however, with School holidays just around the corner, it is important for Parents to understand the position regarding taking their children on holiday abroad.

Getting Permission as a Separated Parent

It is essential of course to remember that, if you are a separated parent, you must seek the permission of the other parent with parental responsibility before taking your children abroad. This is true unless you have an order from the Court, which grants you this permission.

We would advise you to seek permission from the other parent sooner rather than later and have their consent in written format in order to avoid any issues if possible.

It is a common misconception that you cannot abduct your own children. If you leave the country without the consent of the other Parent then that is exactly what you are doing and is a criminal offence.

We strongly advise that once permission is obtained, then as a matter of courtesy details in respect of the length of the holiday, flight details and where the children will be staying during their holiday, are shared with the other parent to include emergency contact details.

What do I do if permission to take my child on holiday is refused?

If permission is refused, then an application to the Court may be necessary.

If you need advice and assistance in respect of this area or indeed any issues in respect of children matters then please do not hesitate to contact the Family Law Team at Browell Smith & Co Solicitors

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