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We have specialists in many areas of legal practice. Make an enquiry today: 0330 333 2613

Can I take my children abroad in the school holidays?

With the Easter holidays fast approaching, you might be planning a trip away with your children. However, if you’re intending to take your children out of the country, you need to check that you are legally allowed to do this.

If you already have a court order relating to the children, then refer to this first of all and check whether this provides you with permission to take the children away or whether you are prevented from doing so.

If you don’t have permission to do so, it can cause some difficulties for you at the airport, where the worst case scenario may be that you could be refused entry to the country which you are intending to travel to.

If both parents have parental responsibility

If both parents have parental responsibility then you may still need to obtain permission from the other parent. There can also be difficulties when the child has a different surname to the traveling parent. We would always advise that you seek written permission from the other parent. This can be by way of a letter, email or text message. If that is not forthcoming you would need to give consideration to making a court application to obtain the courts permission to take your child out the country. Alternatively, if you are worried about your ex-partner taking your child out of the country without permission, you can seek an order preventing them from doing so.

What if only one parent has parental responsibility?

Technically you do not need to obtain the other parents’ permission in this case, but we would always advise that it would be best to do so to avoid any problems that can arise at the airport.

What if I don’t have parental responsibility?

In those circumstances it’s even more important to obtain permission from the other parent. If the other parent refuses, you would need to make a court application to ask the court for permission. The court would want exact details of where you would like to go and when, but it’s always best to avoid making any firm bookings until you know you have permission either from the court or other parent.

Should you have any questions or need more information about your legal rights, please contact Elliot Mather to meet with a family lawyer.

Family

Julie Skill

LLP Member and Head of Department

Specialism's

Julie has practised family law since 1989 and she is Head of Family Law based at Elliot Mather’s Chesterfield office.

Her interest in family law originated from 5 years working as a court clerk for Chesterfield County Court. Julie initially joined the firm as a paralegal before becoming a Member of the Institute of Legal Executives in 1994 and later qualifying as a solicitor.

Julie is also an accredited family mediator.

Julie advises on pre-nuptial agreements and if the worst happens and a relationship does fail, she handles all aspects of that relationship breakdown including issues relating to children, finances and domestic abuse in an efficient and practical manner.

A large proportion of Julie's workload comes from personal recommendations.

Areas of interest and experience

Drafting thorough and comprehensive pre-nuptial or cohabitation agreements to provide for the unfortunate breakdown of relationships
Acting for the husband or the wife in the breakdown of a marriage or civil partnership to agree an acceptable solution to issues of a financial nature including lump sums, property adjustment orders, pension sharing and attachment orders as well as maintenance (both for a spouse and children)
Advising company directors, or their spouse, on the financial settlements – which are usually complicated by the requirement for a valuation of the business or director’s shareholding and pension rights
Divorce or relationship breakdown, where there is substantial property holdings – often including properties overseas.
Advising on the treatment of inherited assets in divorce, particularly in farming families where a farm may be jointly owned with siblings
Supporting clients in situations of domestic violence
Advising parents regarding arrangements for their children including where the children should live and how much time they should spend with the other parent.
Advising parents where either they or their former partner want to take children to live either outside or England and Wales or elsewhere in the UK.

Professional memberships & pro bono

Julie is a Resolution accredited specialist solicitor in the areas of financial provision, private law children work and domestic abuse and an accredited family mediator. Resolution (www.resolution.org.uk) campaigns for the improvement of family law and the family justice system and is committed to developing and promoting the highest standards of practice.

Julie is listed as a Leading Lawyer by Wiselaw