If you are a parent who is separated from your partner, you may find that you are unable to take your child on holiday because your ex-partner will not allow it. This can be a frustrating and stressful situation, especially if you have already booked a holiday and made plans for your child’s care.
The first thing you should do is try to communicate with your ex-partner and see if you can come to an agreement about the holiday. It may be that your ex-partner has concerns about your ability to care for the child or about the destination of the holiday. If you can address these concerns, you may be able to come to a mutually agreed upon arrangement.
If communication with your ex-partner is not successful, you can try mediation. Mediation is a process where a neutral third party helps you and your ex-partner come to an agreement. This can be a helpful way to resolve disputes without going to court.
If mediation is not successful, you may need to go to court to seek a court order allowing you to take your child on holiday. To do this, you will need to apply to the court for a Specific Issue Order. This is a court order that deals with a specific issue, such as taking a child on holiday.
In making a decision about whether to grant a Specific Issue Order, the court will consider what is in the best interests of the child. The court will consider factors such as the child’s relationship with each parent, the child’s age and maturity, and any risks associated with the holiday.
If you are considering taking your child on holiday without your ex-partner’s permission, it is important to be aware of the legal risks. If you take your child on holiday without a court order or the consent of your ex-partner, you could be committing a crime. This could result in criminal charges being brought against you and could also affect your ability to see your child in the future.
It is always best to try to resolve disputes about your child’s care through communication and mediation. However, if these methods are not successful, seeking legal advice and applying to the court for a Specific Issue Order may be necessary to ensure that you are able to take your child on holiday.Get Expert Advice You can contact us for confidential family law advice. We offer free, no obligation, telephone consultations for qualifying individuals. If you would like to book an initial phone consultation at no cost, please contact us today. Copyright 2013-2022 Rainscourt Law LLP. All rights reserved.