Firstly, do you have a court order that says the child shall live with you? If so you are legally entitled to take the child abroad for up to 28 days without the other parents consent.
However, think about this in the long term? Does the other parent have an order specifying time with that child and by taking them away those arrangements can not take place? Would you be happy if your ex took your child abroad for 28 days without communicating this or being given details of whereabouts? But the legal answer is that with a “lives with order” you are allowed.
So, what if you do not have a “lives with order” and you are in possession of the child’s passport, can you take that child abroad without the other parent’s consent- the simple answer is no! Both parents or anybody with parental responsibility must give their consent to the child being taken abroad.
You want to take your child abroad and the other parent is refusing. First suggestion is to be reasonable and give full details of the planned trip and a request for the passport and consent with plenty of time for discussion and compromise. If there is no response or a refusal you can make an application to the court to consider this and for an order allowing you to take the child abroad. You will generally be asked to provide the holiday details and depending on circumstances further information regarding the reason for the holiday; proof of return tickets; the importance of the holiday can also be requested.
Obviously this all takes time. An urgent application can be made in certain circumstances, if the holiday is already booked and the other parent has unilaterally changed their mind about the child going. The best way to deal with this, in the long term, is to get a child arrangements order / specific issue order that covers holidays and trips abroad in the future so you will always know where you stand and so will your child.
We can help with this application and would be happy to support and assist you with the preparation of your documents and statements. We suggest you do not leave this until the last minute; either get an agreement place and preferably in writing or apply to the courts for their assistance in the matter.
The team at FLPS do not judge; we listen. We don’t advise; we assist and support.
We can help you with child arrangements applications and support you through the preparation of the documents but you remain in control of your case and you will be representing yourself. We can support and assist you at every stage. Contact us on info@fl-ps.co.uk or visit our website www.fl-ps.co.uk for more information and we will be happy to chat.