As the return to school beckons, many people start to think about their next chance to enjoy some rest and relaxation. Every year, millions of us pack our bags and head to the airport, often with family and children in tow, for a sunny getaway.
However, few separated parents realise that, if the other has parental rights and responsibilities, they need to get their consent first before removing their child from the UK.
This is often a source of real dispute between parties upon separation, particularly where there is ongoing discord about residence and contact arrangements for children of the relationship.
For others, it can come as a shock that an estranged parent could, if he or she chose, create a real issue for a dream holiday that is already booked and planned.
That being said, there is good reason for this being in place. The number of parents refusing to return to the UK with children after foreign holidays has increased dramatically in recent years. This provision allows some of these cases to be prevented, rather than the remaining parents having to fight to have their children returned to the UK.
Where one parent is refusing consent unreasonably, we can assist in facilitating negotiations to see if matters can be resolved. Where this is unsuccessful it is possible to ask the Court for an order allowing the holiday. There is clearly an argument to say that it is in a child’s best interests to join their parent and family members on a holiday abroad. The Court generally apply a balancing exercise between varying factors such as location and duration and the opposing parent’s concerns, all the while considering the best interests of the child or children in question.
Likewise, if you are concerned that your child may be removed from the country without your consent, we can advise on what can be done to prevent this. Regardless of the steps required, it is always better to raise the issue early to give adequate time to seek resolution.
The Drummond Miller family team is extremely experienced in dealing with all aspects of family law, including parental rights and responsibilities and disputes regarding children. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Glasgow, Dalkeith, Musselburgh and Bathgate.