In my last article I discussed some top tips if you were planning to take your children on holiday out of the UK or planning to relocate to another country.
In this article, I will be talking about whether you can take your child on holiday within England and Wales.
Do I need the other parent’s permission?
Not necessarily. You can take your child on holiday within England and Wales as long as you do not leave the jurisdiction of England and Wales. A trip to Northern Ireland or Scotland however, would require the permission of both parents as I explained in my previous article.
However, if there is a court order in place which sets out the time that a child will spend with each parent and the intended holiday falls during that time, the permission of the other parent will need to be sought before departing to avoid being in breach of the order. If that permission is not forthcoming, the child will not be able to go or an application will need to be made for the court to determine whether the child is able to go on holiday during that time.
Top tips | Taking your child on holiday in England & Wales
Planning in advance is necessary if an application to the court is needed. Mediation will need to be attended first before an application can be made and the court process can take many months to resolve. A letter can be drafted by solicitors which may assist.
It is always best for the parents to communicate any holiday plans for the child with each other before leaving, even if permission from the other parent does not need to be sought. An agreement can be reached to make up any missed time at a different date, if necessary.
There is no requirement to give information regarding the holiday to the other parent, but it is always advisable that this information is shared so both parents know where their child is at any given time. I suggest to clients that they put themselves in the other parent’s position and consider what they would want to know regarding such a holiday.
If you are planning a holiday within England and Wales and need legal information regarding it, please do not hesitate to contact our Family Team.