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If there is a Child Arrangements Order stating that a child is to live with a particular parent, then they may take their child abroad for up to four weeks at a time without permission from the other parent. If there is no Order, or your intended period of travel is longer than 28 days, then permission from everyone with parental responsibility or authority from the Family Court is required.
If permission from the other parent is not forthcoming, then an application can be made to the Family Court for a Specific Issue Order.
Sometimes one parent may seek to prevent the other taking their child on holiday, for instance when they feel that the proposed holiday may not be in the best interests of the child, or they won’t return them to this country. In these circumstances, the concerned parent can make an application for a Prohibited Steps Order. This is an Order preventing the proposed holiday from taking place.
The Court’s paramount consideration will always be the child’s welfare.
Making a Court application can be expensive and stressful and could damage relations between parents, when they should be working together to meet their children’s needs.
The most sensible approach when considering school holidays is to try to agree dates as soon as the holiday timetable for the school year is known, and approach the other parent to attempt to reach agreement. Good communication is vital. It is wise to try to do this at the earliest possible opportunity.
If you are concerned about any holidays that you may have planned, please get in touch.
Wherever you are, whatever you need, we’re here to help. Use this form to tell us what’s happening and we’ll be in touch.
Call: 0330 0947777
Unlike other generalist law firms, we have focused on building core specialisms in specific markets. Clients come to us because they know we will look after their business and personal affairs with tenacity, care and common sense.
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Langleys Solicitors LLP is a limited liability partnership, registered in England and Wales with registered number OC361149. It is authorised and regulated by the Solicitors Regulation Authority. A list of members is open to inspection at the registered office: Queens House, Micklegate, York, YO1 6WG. Our Lincoln office is located at: Olympic House, Doddington Road, Lincoln LN6 3SE. The word “partner” refers to a member of Langleys Solicitors LLP or an employee of equivalent standing and qualification.
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