With the festive season over and the weather still so cold and dreary, many of us will start to make plans for travels to warmer climes with the family in the year ahead. Decisions about location, flights and accommodation will all need to be made, no doubt following lots of research!
For separated parents of children under 16, where both parents share parental rights and responsibilities in respect of the child, and the holiday is out with the UK, an additional step must be taken before the holiday is booked. That is to obtain the consent of the other parent for the holiday with the child.
Both parents share parental rights and responsibilities in respect of a child where the couple were married when the child was conceived, or subsequently, or where the child was born after 4th May 2006 and both parents are named on the child’s birth certificate.
The other parent should be given reasonable notice of the proposed holiday and be provided with travel details e.g. flights and accommodation once they are available.
In the event that the other parent does not consider the proposed holiday to be in the child’s best interests they may choose not to provide their consent to the holiday. In those circumstances, a Court Order may require to be obtained allowing the travel outwith the UK (known as a Specific Issue Order).
The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including child-related matters. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate.
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