Co-Parenting and Holidays Abroad: Legal Considerations for Separated Families
With the summer holiday season fast approaching, many families are making plans for memorable trips abroad. For those who are co-parenting or part of a separated family arrangement, it is essential to be aware of the legal considerations before travelling.
In England and Wales, the law requires that everyone with parental responsibility must give consent before a child can be taken outside the United Kingdom. Removing a child under the age of 16 without the agreement of all those with parental responsibility is a criminal offence under the Child Abduction Act 1984.
Where a child is taken abroad without consent to a country that is part of the Hague Convention, there are international measures in place to secure the child’s return so that decisions can be made in their home country. The Hague Convention is a treaty between more than 100 countries designed to protect children from international abduction by ensuring they are swiftly returned to their country of habitual residence. Popular holiday destinations such as Cyprus, Croatia, France and Greece are among those signed up to the Convention.
There is, however, an exception. If there is a Child Arrangements Order specifying that a child ‘lives with’ one parent, that parent may take the child abroad for up to one month without seeking consent from others who hold parental responsibility.
To avoid unnecessary stress in the lead-up to a trip, it is advisable to share full holiday details, including flight numbers, with all parties holding parental responsibility as early as possible. Where consent is required, it should be obtained in writing, as some countries may request evidence of this at border control.
At Rogers & Norton, we are committed to helping parents navigate these issues with practical, child-focused solutions. We understand how important it is to make the summer holidays enjoyable and stress-free for both parents and children.
Our experienced Family Law solicitors support separated couples in reaching clear, workable agreements that put the needs of their children first. To arrange an appointment, please contact us on 01603 666001 or email enquiries@rogers-norton.co.uk
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.