Can I Take My Child Abroad In The School Holidays?
Can I Take My Child Abroad In The School Holidays?
School holidays can be challenging for divorced parents, especially if one of you has extended family abroad and wishes to take your child to visit them over the summer.
Can I take my child overseas if I have a Child Arrangement Order?
If you are named as the person with whom a child is to live with in a Child Arrangement Order (CAO), you can take your child abroad for up to 28 days without the consent of the other parent or the Court's permission.
If both parents have a Lives With Order, either has the right to take their child overseas for 28 days; however, each must let the other parent know their plans and provide details of the holiday, as the other parent still has parental responsibility for the child.
What happens if I take my child overseas without my ex-partner's/spouse's or the Court's permission?
Although you may believe that you should be able to take your child abroad as and when you want to, the fact is you risk being accused of child abduction if you do so without consent. Child abduction is a criminal offence, and you could go to prison if convicted.
If you take your child to a foreign country without permission, the other parent can apply for their return under the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention, as it is commonly known, is an international agreement covering worldwide parental child abduction. It provides a clear and concise process through which a parent can seek to have their child returned to their home country, as long as the nations in question are both signatories to the Convention.
What if the other parent refuses permission for our child to be taken abroad?
If you are not named as the CAO resident parent, you can apply to the Court for a Specific Issue Order to take your child abroad. The Court will consider you and your ex-partner's/spouse's legal arguments, but their ultimate decision will rest on what it considers to be in the child's best interests.
Unless there is a safeguarding issue or other serious concerns, the Court will likely grant permission for the child to accompany you on holiday.
The recent case of CJ v ME and P [2024] EWFC 112 provides an example of the Courts refusing permission for a child to be taken overseas. In this case, the mother wished to travel with her child, aged 10, to Japan to visit family. The father refused permission, fearing the mother would not return the child to the UK. Of particular concern was the fact the mother had forged the father's signature on a divorce document submitted in Japan which declared that the mother had sole custody of the child and the father's contact details were omitted from the Koseki (a Japanese family register).
In making her decision, the Honourable Mrs Justice Judd started from the view that going to Japan and spending time with extended family and being exposed to Japanese culture was undoubtedly in the child's best interests. However, the mother's behaviour in forging the divorce document to give her sole custody, her feelings of anger and victimisation towards the father, and the fact that she could not admit the harm she could cause the child by her actions led the Court to conclude that the risk of the mother not returning the child from Japan was too great. Even though Japan is a signatory to the Hague Convention and Mrs Justice Judd was confident that a Japanese Court would make a Return Order in favour of the father, she believed that the mother would challenge such an Order, which would be extremely costly, stressful, and damaging to everyone involved. A small risk of the mother taking the child to a non-signatory country such as Dubai also existed.
Mrs Justice Judge concluded [at para 56]:
"Balancing all the relevant factors in this case, I have come to the conclusion that it is not in P's best interests to allow her to go to Japan for holidays for the time being. The benefits are outweighed by the risks. There is a limit to the level of security which can be achieved by building into the arrangements all available safeguards."
How do I apply for a Specific Issue Order?
A Specific Issue Order (SIO) is defined by section 8(1) of the Children Act 1989 s:
"an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child."
Before applying for an SIO, you should talk to an experienced Family Law Solicitor about whether this is the correct legal route to resolving your dispute. If an SIO is the right course of action and you are eligible to apply, you will need to attend a Mediation Information and Assessment Meeting (MIAM) unless you are exempt. In many cases, a resolution can be reached through mediation. If mediation is unsuccessful, you must file an application with the Family Court.
Your Family Law Solicitor will give you the advice and representation you need when making an SIO application.
Final words
If you are involved in a dispute regarding taking your child abroad over the school holidays, we can assist you with resolving the issue in a calm, non-confrontational manner, ensuring the best interests of your child is at the forefront of any decision.
If you have any questions regarding this article, please call us on 0300 3732424.
