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  • Taking children on holiday and what to tell your ex

    Taking children on holiday and what to tell your ex

    If you want to take your children out of the country on holiday, you will need the consent of everyone with Parental Responsibility (PR). So if you are divorced or separated (and the other parent has PR), you will need the consent of the other parent. If they refuse, you will need a Court Order.

    I would advise you to deal with this well in advance of a planned trip because obtaining a Court Order can take many months. I recommend to my clients to do the following:

    1.As soon as you start planning a holiday, write to your ex with as many details as you have, including dates and where you plan to stay plus a contact number. Also include flight details if you know them.

    2.Ask for a response (in writing) within say 14 days and inform your ex that you will provide full details, including flight times, once the holiday has been booked. Also, confirm that you will send a text upon arrival.

    3.If your ex holds your children’s passports, ask for confirmation that your ex will give them to you 14

    days before departure. You may also need them before this date to confirm the booking.

    4.If your ex consents, take the letter/email on holiday with you.

    If your ex does not consent to you taking the children abroad on holiday, you will need to apply to the Court for an Order. The Judge will decide whether or not you can take the children abroad by deciding whether or not it is in their best interests. The Judge will consider where you plan to go and for how long. If the trip is very long or to a country where it is considered volatile, you will need to persuade the Judge that the children will be safe.


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