What is the issue?
If you take your child (under 16) out of the country without the permission of the other parent, then you are at risk of committing an offence under the Child Abduction Act 1984. This includes taking your child on a holiday abroad. Where your child is going on a school trip abroad then it is also necessary that you and your child’s other parent both provide your consent.
If you are named as the parent that your child lives with in a child arrangements order made by the Family Court, then you are allowed to take your child out of the country for a period of less than one month. However, in any other circumstances, it is vital to obtain the written consent of the other parent.
What if the other parent won’t consent?
The other parent should not unreasonably refuse consent, however in the event that the other parent won’t consent to you taking your child on a holiday abroad, the most appropriate course of action will almost always be an application to the Family Court. This is because of the seriousness in law of taking children out of the country without the appropriate consent.
Applications to the Family Court in these situations should be made for a specific issue order, and the key factor will be what is in your child’s best interests.