Yes. However, If you are divorced/separated from your child’s other parent, then you will need written permission from them (and any other party with parental responsibility), before you can go.
If written consent is provided, it should be taken with you, together with your child’s birth certificate as evidence of your relationship. We would also advise you to think about taking a copy of your decree absolute or marriage certificate if your surnames are not the same.
Where there is a Child Arrangements Order in place, confirming that the child is to live with you and where no other restrictions are in place, you can take your child abroad without the consent of the other parent, for 28 days. You should however inform them of your plan and provide them with the necessary details of the holiday (i.e flight and hotel details).
If permission is needed, but is not given, an application will need to be made to Court, should you be unable to resolve matters yourself, through mediation or with the assistance of solicitors.
Mediation is a process whereby a mediator will work with both parties to help you make important decisions regarding your children. It is a safe space to discuss issues and discussions are not legally binding, until you reach an agreement which is right for the both of you and more importantly, your child.
If an application is made to court, a Judge would then determine whether permission should be given for you to take your child abroad.
In circumstances where your child is about to be taken abroad without your consent, you can also make an application to Court for them to determine the matter. Where your child has already been taken abroad without your consent, an application would need to be made to Court, seeking an order that the child be returned as soon as possible.
Our team can provide you with assistance in respect of the above and any other issues surrounding child arrangements. Here at Clark Family Law, we offer a free half an hour initial appointment. To arrange an appointment please contact us on 01423 637272.
Please note that we also offer a mediation service. For more information or to arrange an appointment please call the number above.