The short answer is no. You may not remove your child from the jurisdiction without the written consent of each person having custody of the child or the consent of the Court.
This means that if you want to take your child on holiday abroad and the other parent who has parental authority does not agree, you will not be able to take your child. Unless one of the following applies:-
(a) Has a Residence Order.
(b) You have a court order granting your consent.
If you have a Residence Order, you have the right to remove your child from the jurisdiction for a period of less than one month without the permission of the other parent, who has parental authority. The parent without a Residence Order will still need the consent of the other parent.
If a father does not yet have parental authority, the mother can remove the child from jurisdiction. However, if the father has filed an application for parental responsibility and/or permission to apply, the mother should not remove the child from the jurisdiction until the matter has been resolved by a court.
And yes…
“The other parent is being unreasonable. The holidays would be great for the child. We’ve both been through hard times and the holidays would be great for us.”
Even if the other parent is being unreasonable but still does not give permission, you will need to apply to the Court under Section 8 of the Children’s Act for a specific issuance order. Essentially, this is the Court’s permission for you to remove the child from the jurisdiction for the purpose of a holiday.
When considering an application under the Children’s Act, the Court will consider what is in the best interest of the child and this will be the Court’s primary concern. In general, courts are unlikely to prevent a child from going on holiday with the other parent if the holiday seems pleasant, especially if the children can express a clear wish to go on holiday and the parent is committed (a promise from the other parent). court) to return the child at the end of the vacation.
A parent who objects would have to find very good reasons why a vacation is not in the child’s best interest. In previous cases, objecting parents have worried that the child will miss school; the parent who wants to go on vacation has incomplete and inappropriate travel plans; the father carefully was not well; or the child’s health was such that vacations were not in his interest. Some parents worry that the vacation is a ruse to kidnap the child and not return him to the jurisdiction. For the Court to consider this, there would have to be a very clear identifiable concern. Courts are also likely to be more cautious in this regard when the request involves a holiday in a country that is not party to the Hague Convention.
If you are concerned about another parent’s desire to take the child on vacation, or you want to take your child on vacation but the other parent does not agree, we recommend that you discuss the matter carefully with an experienced family law attorney. The attorney can then advise you of your rights, the options available to you, and the Court’s approach.