legal
Holidays with the kids: your children, your choice? Holidays abroad to green list countries may be now legal, but are they advisable? Family lawyer Rita Gupta explores how separated parents may have differing views on the safety and appropriateness of travel.
Just because you can, doesn’t mean you should As a parent, you are constantly making judgement calls on the suitability of actions involving your children, and assessing the risks and benefits involved. Holidays abroad were often a dividing issue between ex-partners even before the COVID pandemic struck. Separated parents have always needed to seek agreement from their ex-partner to take children abroad. However, getting that agreement isn’t always easy when ex-partners may not consider it appropriate, or have concerns over the kids spending an extended period of time with the other parent.
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Travels in times of COVID There are further considerations for separated parents; • Is that holiday destination ‘safe’ in terms of COVID infection levels? • Will your children need to quarantine on return, extending their stay with their other parent by two weeks? • Is it simply a risk too far for a week in the sun?
Discussions, not promises Whatever you do, don’t promise the kids you’ll take them abroad this summer! Travel restrictions are evolving all the time. Holidays need
to be discussed with their other parent first, before making plans or discussing it with the children.
Uncooperative co-parents If your ex-partner doesn’t agree that you can go abroad with the kids, or you refuse permission for them to go, there are legal steps that can be taken. You can apply for a Specific Issue Order or a Prohibited Steps Order from the family court. However, you would need to have good cause to apply, as the courts do not have the capacity to deal with all requests at present. Ultimately, the focus of the court and all professionals involved will be the welfare of the child.
