Children in Divorce | Make advance plans
Disagreements about where the children will spend time can flair up. It is, therefore, important to avoid potential disappointment and so arrangements for children during the school holidays should be made well in advance.
Although some parents aim to share the holidays equally, both parents may wish to consider splitting the school holidays between them. For instance, rather than dividing each half term equally, parents may wish to make arrangements in order that the children spend one of the half term holidays with one parent and the other half term holiday with the other parent. This arrangement can also apply to Christmas and Easter with Christmas day and Easter Sunday being alternated between parents each year.
When considering contact arrangements during the school holidays, both parents should also take into account the child’s wishes. If you have negotiated contact arrangements, it may also be a good idea to add the arrangements to a calendar for your children in order that they know where will be at a particular time.
If you are separated or divorced from your ex-partner, certain difficulties can arise when travelling abroad with a child, especially when only one parent is travelling.
Any parent who wishes to take their child away on holiday must have Parental Responsibility (“PR”). PR can be defined as having the right to be included in fundamental decisions of your child’s life. A child’s mother automatically has PR and a father who is or was married to the mother at the time of the child’s birth automatically has PR. Prior to 2 December 2016, an unmarried father did not automatically have PR and would have to enter into an agreement with the mother or apply to the court for an order to obtain it. The law has now changed and means that unmarried fathers who are registered on their child’s birth certificate automatically have PR for their child born after 2 December 2016.
If a parent who does not have PR intends to take their child off Island and the other parent agrees to the travel plans, the parent wishing to travel should consider having a PR agreement in place prior to travelling to enable that parent to make important decisions regarding the child, for example, if they require medical attention whilst you are away.
If a residence order has been granted by the court in favour of one parent, the person in whose favour the residence order has been granted is entitled to take the child out of the Island for a period of one month without having to obtain the consent of the non-resident parent.
Potential issues when one parent is travelling with children
If you are travelling to another country this summer with your child without the other parent, you may need to take additional documents with you to either establish your relationship with your child and to confirm that you are permitted to travel alone with your child.
If both parents agree that one parent can take the child away for a holiday, it would be prudent to travel with a notarised written consent from the non-travelling parents, together with a certified copy of your child’s birth certificate to prevent being denied access on to planes or to your holiday destination. This is also important should your child requires medical attention abroad and you have a different surname to that of your child.
If both parents have PR but one of them does not agree to the other parent taking the child on holiday, the parent wanting to the take the child away will need to seek permission from the court.
While many airlines remind travellers to certain destinations of the specific requirements, not all do. It is always a good idea to check with the immigration authority or British Embassy of your destination to ensure that you carry the appropriate documents.
Natalie Jenner | Divorce and Family law – Department Head
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The information and opinions expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it