Holiday Hurdles: Urgent Applications For Travelling With Children
When parents plan a holiday with their children, it’s an exciting time filled with anticipation and adventure. However, what happens when one parent doesn’t agree to the travel plans? In such cases, urgent legal applications may be necessary to ensure that the trip can proceed smoothly. This article follows the first in our series and we will explore the steps parents can take to address this situation.
1. Communication
Before resorting to legal action, try to communicate openly with your ex-partner. Explain the importance of the trip, provide details about the flight and destination, and discuss any concerns they might have. Consider how you will facilitate contact between the child and your ex-partner during the holiday to ensure that they can stay in touch, and importantly your child can share their holiday excitement with the other parent. Sometimes a respectful conversation can resolve the issue without the need for formal applications.
2. Mediation
Consider mediation as a way to find common ground. A professional mediator can facilitate discussions between parents, helping them reach an agreement. Mediation is often less adversarial than going to court and can lead to mutually acceptable solutions.
It is important to have these discussions – whether directly between you and your ex-partner or mediation – as soon as possible so that there is time to resolve any issues between you.
3. Specific Issue Order – if you want to take your child on holiday and your ex-partner does not agree
If communication and mediation fail, you can apply to Court for a Specific Issue Order for permission to take your child on holiday. This is a legally binding order which allows the court to decide on specific matters related to your child’s upbringing, including travel. If your ex-partner refuses to allow the holiday, you can apply for this order to ensure your travel plans proceed legally.
You could ask the Court to grant permission for a specific holiday (an application for ‘temporary leave to remove the child from the jurisdiction’), or more generally in relation to how travel arrangements are made between you and your ex-partner. If you already have an order in place which regulates the time the child spends with both you and your ex-partner, you may need to make an application to vary that Order (by agreement or otherwise) if you are seeking a more general permission and alteration to that Order in respect of travel arrangements.
You’ll need to demonstrate why the trip you are proposing is in the child’s best interests. Your child’s best interests and welfare are the Court’s paramount consideration, and the Court will need to be satisfied that the holiday will not negatively impact them or their relationship with your ex-partner excessively.
Generally, as long as there are no concerns such as that a parent seeking to remove a child from the country may not return them (this is known as ‘abduction’ and is very serious), the Family courts are of the view that holidays are beneficial to children. Holidays give children an opportunity to spend quality time with the parent and possibly extended family, have some ‘down time’ from their usual school routine and experience new and different cultures.
However, the Court will want to know that the holiday will not disproportionately impact their routine or their relationship with the other parent and extended family. You should therefore make it clear to the Court how you propose to maintain that relationship during the holiday, such as telephone or FaceTime contact, and how you suggest any time your child misses with your ex-partner due to the holiday can be ‘made up’ on your return.
4. Prohibited Steps Order – if your ex-partner wants to take your child on holiday and you do not agree
A Prohibited Steps Order prevents a parent from taking certain actions without the court’s permission. If your ex-partner proposes a holiday to which you do not agree, and you are concerned that they may take the child away without your permission, you can make an application for a Prohibited Steps Order to prevent them from doing so unless and until the Court grants permission.
Similarly, you will need to explain clearly to the Court why you say that the holiday is not in the child’s best interests, bearing in mind the Court’s ‘general’ approach as outlined above. If you dispute the dates – for example, if the child may miss school or another important event based on the dates proposed by your ex-partner – you may want to propose alternative dates for the Court to consider.
If you have concerns that your ex-partner may remove your child from the country without permission, and there is a risk that the child will not be returned, you should make this application urgently – possibly without notice to your ex-partner - to secure your child’s residence in the country pending further consideration by the Court.
5. Urgency
Emphasise the urgency of the situation when applying for court orders. Provide evidence of the planned trip, such as flight bookings or accommodation reservations. Courts recognise the importance of maintaining family relationships and may expedite the process. You can ask for an urgent, temporary Order to be made in the interim without a formal hearing taking place, to secure the position until a Judge is available to consider the application with both of you at Court. This is particularly relevant to an application for a Prohibited Steps Order if you need to urgently secure the child’s residence in the country.
Conclusion
Remember that the well-being of your child is the top priority and, generally, holidays are considered to be in their best interests. The key is effective, early and respectful communication between you and your ex-partner to ensure that your child can enjoy a memorable holiday without being exposed to conflict between their parents.
If you require advice in respect of travel arrangements for your child, or any other family matter, please contact our experts at Irwin Mitchell who would be happy to assist.
