With the Beast from the East behind us, the daffodils raising their heads through the soil we can all look forward to the warmer weather that springtime brings. I prefer to think about the Summer and preparing for my holidays abroad. But can I bring the children with me?

For separated or divorced parents there can be disagreements about whether the parent without main care can take the children on holiday without the permission of the parent that is often seen as the main carer. It’s time to give consideration to this now to ensure your little loved ones are able to join you in the sun.

For parents with the benefit of a Residence order which states that the child(ren) lives with them or a Child Arrangement Order that provides for the child(ren) to live with them, that parent is able to take them on holiday away from the jurisdiction of England and Wales for a period up to one month without the other parent’s consent.

For those parents without the benefit of a Residence Order or a Child Arrangements order often there can be difficulties in reaching an agreement with their former partners to enable them to take their child(ren) abroad.

It is always best to try and mediate on such issues and if agreement can be reached in this way it can then be placed into a legal framework on a consensual basis. If however agreement cannot be reached an application will need to be made to the court for the courts to resolve this specific issue. This can take time so whilst it’s only Spring it is important to give consideration to whether or not your child(ren) can join you on that holiday abroad be it Summer or Winter.


Jordans solicitors can assist you in both mediating on this issue or assist you in making an application to the court. Contact the family department on 01924 387110 or request a call back by clicking here.

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