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Can I take my child on holiday?

November 12, 2021

A question that our family team are often asked and family graduate paralegal Rebecca Hamilton explains your options in this article.

Now that Government travel restrictions are easing you may be wanting to take your child on holiday, whether staying in England and Wales or travelling abroad. Sometimes parents may not agree in respect of holidays , and therefore you may require legal advice in respect of this.

We would always advise parents in the first instance to try and agree any arrangements if possible.

However, if you are planning on taking your child on holiday and the other parents does not agree you can apply to the court for a Specific Issue Order for permission from the court to take your child on holiday.

If however, you are aware that your child’s other parent has already planned to take your child on holiday without consulting you or having your permission and you have genuine concerns about the proposed holiday you may apply to the court for a Prohibited Steps Order to prevent the holiday from going ahead.

Each case is subjective and considered on its own merits. It also depends whether both parents share parental responsibility for the child or if there are other court orders in place such as Child Arrangements Order or Special Guardianship Order.

However, in all scenarios and any applications involving children, the child’s welfare will be the Court’s paramount consideration.

For further information on how to apply for the above Orders, or to get advice on whether they are best for your situation, call our offices on 01204 377600 and ask to speak to our Family Department or email familydepartment@afglaw.co.uk