Before we can look at the key points of can a father stop a mother taking child on holiday, we need to understand the law relating to taking your child overseas after divorce.
If you would like to take your child abroad, you will need to seek permission to do so from everyone who has parental responsibility.
Taking your child abroad without the relevant permissions could be seen as child abduction.
When considering can a father stop a mother taking child on holiday, you have need to consider if there is a child arrangement order.
A child arrangement order which specifies that your child should live with you, it may be possible to take your child overseas on holiday (a period of 28 days or less) without permission from other parties with parental responsibility, unless there is a court order stating to the contrary.
The woman who gives birth to a child automatically has parental responsibility for that child.
If the father of the child was either married to the mother of the child when the child was born or is listed on the birth certificate, normally he will have parental responsibility.
For those who do not have parental responsibility, it is possible to apply for it through the courts.
As we mentioned above, it is vital to get permission to take your child abroad from all parties with parental responsibility.
Talking to the other person about your plans and asking for their permission is often the best place to start.
Normally, a letter from the other person/people with parental responsibility, stating that they are happy for you to take your child out of the UK, is sufficient.
You may be asked to show this letter when you travel abroad with your child. Ensure that the contact details for the person providing permission are included on the letter.
Information about the planned trip should also be detailed on the letter.
It can also be a good idea to take your child’s birth certificate along, too, in case you need to show this.
If you and your child have different surnames, you should also consider taking your divorce certificate.
If the other person/people with parental responsibility do not want you to take your child abroad, it may be necessary to ask a court for permission to do so.
The court will require details of your trip abroad. If you intend to be abroad for a long time, you will need to provide much more detailed information regarding, for example, where you and your child will live.
If a court gives you permission to go abroad with your child, you will need to take your court order with you when you leave the UK .
It is highly recommended that you obtain legal advice from a solicitor if you need to go to court to seek permission to take your child abroad.
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