Holiday Disputes
July 2023
Do you dread trying to sort out taking your children away on holiday because your former partner always says no? Has your ex-partner refused to agree to you taking your children on holiday, whether it is camping in the UK, a summer holiday abroad or a Christmas city break?
Holiday disputes can spoil the joy of planning and booking a holiday with your children. Our family solicitors can help you sort out holiday disputes wherever you are planning to visit.
You may think you do not need to speak to a family solicitor to take your children on holiday or to object to a trip. However, if you are separated or divorced and you cannot agree on holiday plans our expert family solicitors can help you understand the law on holiday disputes, your rights and, if necessary, help you secure a holiday court order or object to one.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Can I Take my Child on Holiday?
Holidays are precious time with children, especially when you are a separated parent who does not get to spend that much quality contact time with their children because of your work and their school commitments.
Trying to negotiate time off work during school holidays is difficult enough, especially when your ex-partner then tells you that the children cannot go with you because it is not convenient or they have an objection.
The law on whether you can take your children on holiday depends on whether:
- There is a child arrangement order in place and
- The children live with you or your former partner and
- If your planned holiday is in England or overseas
If the planned holiday is in England, then you do not need a court order if the holiday is scheduled to take place during your agreed contact time with the children. Even if you do not need a court order to take your children on holiday it is best to inform your ex-partner about your proposed trip and allay any concerns to avoid a holiday dispute or to stop your former partner from becoming difficult about reaching an agreement over other parenting decisions.
If the planned holiday is abroad, you do not need your former partner’s agreement to your taking the children on the trip or a court order if:
- You have a child arrangement order and
- You are named as the parent that the children live with and
- The holiday is for less than 4 weeks
If you cannot meet those conditions, you will either need your ex-partner’s written agreement or a holiday order. If you take your children overseas without an agreement or a court order you could be stopped at the airport or ferry terminal and you could be guilty of child abduction.
If you are unsure about whether you need holiday permission or a court order it is best to speak to a family solicitor before you book your holiday.
Can I Object to my Children Going on Holiday with my Former Partner?
You can potentially object to your children being taken away on holiday by your ex-partner. Whether your permission is necessary depends on whether there is an existing child arrangement order in place and what it says.
If there is a holiday dispute it is important to consider the basis of your objection. Do you oppose your children going on holiday because, to give some examples:
- Your former partner has given you no information about the trip – they just demanded your child’s passport
- You fear the children will not come back to the UK as your former partner has previously threatened to take the children and they have family living overseas
- You think the children are too young to go skiing or to be away from your care for a fortnight
- Your ex-partner is taking a friend with them on holiday
Our family solicitors can discuss the basis for your holiday objection and see if your concerns can be allayed and if your objection is likely to be one which would carry weight with a court. We focus on how best to reach a resolution, such as reaching an agreement through family mediation.
If an agreement cannot be found our specialist family solicitors can represent you in a court application to obtain or object to a holiday order.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So you can book a free callback with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
