header-logo header-logo

02 September 2009 / Georgina Vallance-webb
Categories: Opinion , Family
printer mail-detail

Holiday hiatus

web-article_4

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll