How far can the courts allay fears about separated parents absconding with children in the holiday season? Georgina Vallance-Webb reports
Holidays can be an emotive issue for parents with broken relationships. The necessity to obtain permission from the other parent for a day trip to Calais, a fortnight in the Maldives or a family wedding in Hawaii is not always known or appreciated.
Particularly in families with international connections, it is not unusual for there to be anxiety that the other parent’s ostensible plans to take a child away on holiday are truly plans to abscond abroad permanently without returning.
However, the courts have proved themselves practical, ingenious and robust in devising protective orders to prevent non-return and put the remaining parent’s mind at rest.
Strictly speaking, under s 13(1)(b) Children Act 1989 (ChA 1989) a person with a residence order can take a child abroad for up to a month without the written consent of the other parent.
Nevertheless, good practice and responsible parenting dictate that agreement be obtained, whatever orders are in existence.
