Legal advice from Ruth Hetherington, Partner relating to Children Arrangements during Summer Holidays
Q: My husband and I are divorcing and it’s proving difficult to reach an agreement about a holiday aboard for the children this summer. Do I need consent?
A: In cases where parents are having difficulty cooperating or are in the middle of a court dispute, holidays abroad can be a significant issue, particularly if the parent asking permission is not the one who holds the passports.
In such circumstances, the court can be asked to grant an order known as a Specific Issue order – to ensure passports are produced by a certain date and to order that the holiday take place.
Hearings for such orders can take time to arrange, so early planning is essential. Ultimately, the test to be applied is the same as in any other matter affecting a child – the welfare of the children is the paramount consideration.
- Is it in their best interests to go on holiday?
- Is there any risk of abduction?
- Is the length of time suitable bearing in mind the ages of the children and the location of the proposed holiday?
Every case is completely different and therefore we would recommend you take legal advice on your individual situation.