The answer to this question depends on what arrangements have been put in place. If there is no court order in place regarding the arrangements for your child, you would require the permission of those who have parental responsibility for the child.

I have a court order stating my child lives with me

If there is a court order in place in respect of the arrangements for your child and it specifies that the child lives with you, then you have the right to take the child abroad for periods of less than a month.  The other parent would have to issue court proceedings to stop you taking your child on holiday.

Where there is a Child Arrangements Order specifying contact, both parties must comply with the Order unless agreed otherwise.

I don’t have a court order stating my child lives with me

You can take your child anywhere within England and Wales without the permission of the other person with parental responsibility, providing there is no order prohibiting you.

If there is no court order specifying that the child lives with you, then you need permission from those with parental responsibility.

Getting Permission

If those with parental responsibility withhold permission for you to take your child on holiday, you would have to seek the assistance of the court and make an application called a Specific Issue Application.

If you’ve not been able to get permission and are looking to make a Specific Issue Application to the court, George Green’s Family Law Specialists regularly provide advice in respect of court applications and advice around your children. If you would like any further information please contact us using our online enquiry form or by calling 01384 410410.