Taking a child abroad for a holiday
If there is a residence order, the usual rule is that a parent who wants to take a child abroad (this includes going from England or Wales to Scotland) should obtain the other parents written consent first. It is a criminal offence to remove a child from the country without the written consent of both parents or an order.
Where a parent simply wants to take the child on holiday and has a residence order in his or her favour, he or she can take the child abroad for a period of up to a month. If the other parent objects, an application can be made to the court for its permission.
If there is no residence order, the civil law says nothing either to permit or prevent a parent from taking a child abroad. Again, if the parents are in dispute, one or other should apply for a court order. But whether or not a residence order exists, the criminal law still applies.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
If you have parental responsibility you are entitled to take a child out of the UK for up to 28 days without seeking consent, but the other person could seek a Prohibited Steps Order to stop you.
You should seek written consent from all those persons with parental responsibility for the child before taking the child out of the jurisdiction.
If consent is not granted apply for leave to remove your child from the jurisdiction by obtaining a Specific Issues Order.
Scotland is outside the jurisdiction.
If you wish to take a child abroad, or stop the other party doing so, we can help. Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
