Child arrangements for going abroad when separated25 Nov 2021 | Lisa Pepper
I am separated from my spouse – can I take the children abroad on holiday?
The answer to this question is not straightforward.
Where both parents have parental responsibility (as is usual for a married couple and this blog will presume that is the situation), and they agree, a child may leave the jurisdiction of the UK. The UK jurisdiction is defined as England, Wales, Scotland and Northern Ireland. There is no automatic ban on the child’s removal in this situation as far as the Children Act 1989 is concerned, but see further below regarding Child Arrangements Orders, Lives with Orders and child abduction.
If there is a Child Arrangements Order (an Order of the Court) in place then neither parent can remove the child from the jurisdiction without the other’s consent.
If however a parent has a “Lives with” Order (previously known as a Residence Order), they may remove a child from the jurisdiction for a period of up to 28 days.
Alongside that, is the Child Abduction Act 1984. Under the Child Abduction Act it is a criminal offence to remove a child from the jurisdiction without the consent of the other parent or the permission of the Court.
A parent seeking to remove a child from the jurisdiction should seek the agreement of the other parent with parental responsibility. Failing agreement, the parent wanting to travel would need to make an application to Court for a Specific Issue Order.
Whether or not you have a Lives with Order, it is important to obtain the consent of the other parent to a holiday outside the jurisdiction. Having an email exchange recording that agreement is good evidence that consent was given. It is good practice to provide the other parent with as much information about the trip as possible – flight details, where you will be staying and contact details whilst you are there, who else will be on the trip, and what arrangements for Skype or telephone calls can be made whilst you are away.
To discuss a family matter, please call Family Lawyers, Kesha Pabari or Lisa Pepper. Kesha handles private family work including financial remedy on divorce and children proceedings. Lisa, partner at the firm, is a divorce specialist and mediator. Alternatively, please complete an online enquiry form.
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"It has a strong and experienced team of solicitors who don’t take bad points, work sensibly to get a settlement and who you can always pick up the phone and speak to. They are good lawyers and know the strengths and weaknesses of their clients’ cases. They don’t posture and always pursue their clients cases appropriately. "
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
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"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
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"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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