Many parents don’t realise that if they want to take their children on holiday, particularly if they're going abroad, they need consent from the other parent. If you choose not to do this then you could be committing child abduction. This can have consequences in both criminal and civil law.
It’s often best to try and agree arrangements for holidays with your children in advance. It's a good idea to provide the other parent with details of the holiday such as dates, flight and accommodation. Most parents agree to their child being taken on holiday by the other parent, meaning there's no issue. You should get written consent from the other parent agreeing to the holiday, and take this with you to protect yourself.
If your child’s other parent is refusing to consent to a holiday, you can seek permission from the Court. You can do this by way of a Specific Issue Order application. However, the Court can only make a decision about whether you can take your child on a specific holiday. This may present a problem if the other parent is going to object every time you wish to take your children on holiday.
If you have a Child Arrangements Order in place that states the child lives with you, you can take your child abroad for up to one month at a time. You won't need consent from the other parent, or permission from court.
If your child’s other parent has consented to a holiday, you'll need further consent if you change your plans to extend your stay. Otherwise, this will be again classed as child abduction. The other parent can seek an urgent application from the Court for the child to be returned.
