Easter Holidays – Should I Be Worried About Plans To Take My Children Abroad?

The Easter holidays are upon us, which can be a wonderful time for families to spend quality time together. Some parents will use the extended school break as an opportunity to take their children on holiday abroad. However, this can pose difficulties for separated parents where there is a concern that the holidaying parent may not return with the children, either on time or at all. This can be hugely stressful for the other parent, who can be left feeling helpless.

If a parent is taking a child abroad, they must obtain consent from anyone else with parental responsibility for the child. This is the case unless there is a Child Arrangements Order in place confirming that the child lives with them, whereby the child can be taken abroad for up to 28 days without the other parent’s permission.

If a parent wants to move abroad permanently with their children, and they are separated from the other parent, they must obtain written consent from the “left-behind” parent (and any other person who has parental responsibility for the children). If they can’t obtain agreement, they will need to apply to the Court for permission to relocate. In deciding whether to allow the move, the Court would need to consider a checklist of factors, with the primary concern being the welfare of the children.

However, there are circumstances where a parent might disguise their intentions to relocate with the children by planning a holiday.

The UK and various other countries are signatories to an international treaty known as the ‘1980 Hague Convention’. If a child aged under 16 has been abducted from their home country, or wrongfully held in a different country, the Convention countries will work together to return the child to their home country. The ‘UK Central Authority’ administers the Convention in the UK and can be contacted to apply for the return of the child. A successful application would usually result in the courts of England and Wales making an order for the child to be returned, with the Court of the other country being obliged to order the child’s return.

Not all countries are signatories to the 1980 Hague Convention, and there are some countries where the Convention does not apply. In cases where a parent is seeking to re-locate to a non-Convention country (or take the children on holiday to a non-Convention country and there are concerns that they won’t comply with a Child Arrangements Order whilst abroad), it may be helpful to obtain a “mirror order” in the other country to help enforce any such Order made in England and Wales.

If a Child Arrangements Order has been made in the courts of England and Wales, it must be considered as to whether the Order can be enforced in another country. If a parent takes the children out of the jurisdiction (whether on holiday or to relocate) and they breach the Order (e.g. by not returning the children on time), the “left-behind parent” may not have recourse as the Order may not be legally binding in the other country.

To provide the left-behind parent with a method of enforcement, a “mirror order” could be made by the Courts in the other country, which reflects the provisions of the Order made in the courts of England and Wales. A mirror order can be used as a protective measure against the risks of abduction, or obstructing contact arrangements. Advice usually needs to be sought from a specialist Family lawyer in the other country to ensure that the mirror order is drafted properly and will be enforceable.

If you are the parent who is seeking to take your child abroad, and the other parent agrees, it is important that you check the requirements of the country that you are visiting, as you may need a letter or affidavit signed by them in order to enter the country.

If you have any concerns in relation to a proposed holiday by the other parent, it is important that you seek expert legal advice before you agree to the holiday.

We are here to help you with all areas of Family Law and we have expert lawyers who specialise in international Family Law. Please get in touch if you need any advice or assistance.