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Partner and Head of Family Law, Rugby
If you have recently separated from your partner, you may not know what your rights and responsibilities are in respect of your children. It is not just the day to day arrangements that need to be sorted out but also the school holidays.
Holiday season is fast approaching and if your ex partner has parental responsibility for your children, you must obtain their permission to take your children abroad. If you do not obtain permission, you could be stopped from flying at the airport or getting on a ferry or train.
You can obtain your ex’s permission in three different ways:
1. Asking them to sign an agreement we can draft for you
The easiest way to proceed is to ask us to draft a document which confirms permission is given. We can also include key information such a flight times and accommodation details so that the other party is reassured of your children’s return to the country and they have your contact details if there is an emergency.
2. Applying to the Court for a specific issue order to obtain permission for that one holiday
If your holiday has already been booked, we may need to make an urgent application to the Court. The Court can override a parent’s say in respect of a holiday but there is a set process the Court must follow in order to do this. It can take months to resolve this type of case so the quicker we apply, the sooner you will know whether you can go.
3. Applying to the Court for a child arrangements order which allows you to take the children out of the country for up to 28 days at a time
If these sorts of disputes happen regularly with your ex partner, it may be appropriate to apply for an order which deals with the arrangements for the long term future. Obtaining an order which defines the time that the children spend with you and your partner can also deal with issues such as where handovers take place, how the school holidays are to be divided between you and who the children spend Christmas with.
If you want to speak to someone about any of the above issues, please contact one of our family law experts on 01788 55 77 00 (Rugby Office).
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