The festive season often sparks thoughts of winter getaways – perhaps a ski trip, a sunny escape or a visit to family overseas. But for separated or divorced parents, Christmas holiday planning can bring more stress than sparkle. Questions such as “Can I take my child abroad for Christmas?” or “What happens if the other parent says no?” come up frequently and it’s easy for misunderstandings to turn into conflict. This guide explains the legal position on taking children abroad over the festive period and how Morr & Co’s Family Law team can support you in navigating these issues. Travelling with a Child Arrangements Order If you have a Child Arrangements Order (CAO) stating that your child ‘lives with’ you, then during the periods when the children are in your care pursuant to the court order, you can take them abroad for up to 28 days without the other parent’s permission, unless the order states otherwise. It is, however, wise (where appropriate) to inform the other parent of your intention to travel abroad with the children and keep them updated as to your travel plans and the arrangements that have been put in place. Many orders will have specific provisions regarding the sharing of key information such as flight or accommodation details and it is important you comply. If your child “lives” with the other parent and “spends time” with you then unless the court order grants specific permission for you to travel abroad with the children without the consent of the other parent, you will need to obtain their consent however this should not be unreasonably withheld. Consent is key If both parents have parental responsibility but there is no Child Arrangements Order, you will need the other parent’s consent to take your child abroad, this includes a short Christmas break. Without consent, leaving the country could be considered child abduction, which is a criminal offence, even if you had no intention of keeping the child abroad. What happens when parents cannot agree on a Christmas holiday? If the other parent does not agree to the trip, you will need to apply to the Family Court for a Specific Issue Order granting permission for travel. Alternatively, if you’re worried the other parent might take the children abroad without the required permission, you can apply for a Prohibited Steps Order to block their travel. When dealing with both these applications, the Court will first and foremost weigh up: Whether the trip is safe and in the child’s best interests Whether there is any risk the child may not be returned In considering this, the Court will most likely consider: The length and purpose of the holiday Whether the arrangements interfere with school or agreed Christmas contact The Courts recognise the importance of children enjoying memorable experiences with both parents, so applications for trips that are reasonable, well-planned and safe, are often resolved swiftly. Practical tips for Christmas travel planning Plan early – have open conversations early to avoid last-minute disputes Get it in writing – request written consent, where needed Share details – provide flight details, accommodation information and emergency contacts Consider Christmas arrangements – remember in most cases, the Court is likely to consider that your child’s time with both parents matters, especially during the holidays. How can Morr & Co’s Family Law team help? Disagreements about Christmas holiday travel can become stressful quickly, especially when emotions are already heightened at this time of year. Morr & Co’s Family Law specialists work with parents across England and Wales to resolve these issues constructively and with the child’s welfare at the centre. Our team can help you: Understand your rights and responsibilities around parental consent Obtain or respond to applications for Specific Issue Orders or Prohibited Steps Orders Navigate Child Arrangements Orders and what they allow during holiday periods Put agreements in place that reduce the risk of future disputes Act quickly in urgent cases where there is a risk of unauthorised travel If you need support with holiday travel arrangements or co-parenting issues, please speak to one of the experts in our Family Law team. You can contact them by email info@morrlaw.com or by calling 0333 038 9100. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Lydia Pilati Associate Solicitor Message Tags Insights On this page Related Stories Who gets the dog? Matrimonialisation – distributing property in divorce How to move abroad with a child after divorce or separation View more Contact our team today to find out more get in touch
