Holiday seasons are just a few sleep away from the corner. Many parents are looking forward to bring their children with them to go on holiday vacations like skiing, visiting the grandparents during holidays, and many fun activities to do so. But what happens if you’re now separated from the other parent? And worse, what if your former spouse will not agree on your plan to take both of your children on vacation?
The first thing to ask is, who has the parental responsibility/custody for the children? The answer is, the biological mother will automatically have parental responsibility for the children. Though a father can gain parental responsibility only if the child was named on the child’s birth certificate, or if the father is married to the child’s mother before the child was born, or through parental responsibility agreement by the court.
If you plan to take your children outside of the court jurisdiction, then you need to seek for a piece of legal advice from your family law solicitors in shrewsbury to help you sort it out legally. You may need to ask for consent for the person who shares with the parental responsibility for the child unless you have the authority over the child arrangement order, by saying that the child is currently living under your care.
If you have the court order that the child is living under your care, then you can bring the child out of the jurisdiction for up to 28 days only. But be warned, you need to make sure that the vacation will hinder the time that the child is going to spend with the other parent. If you have a court order stating that the child should spend its time with the non-resident parent, it is advisable to seek a temporary agreement changes. Otherwise, you’re going to breach the order.
What to Do if the Other Parent will Not Agree?
Here are some tips to consider if this scenario will happen during the holiday season:
1. Communicate with Them
It is always a good idea to talk with the other parent regarding this issue. Identify what could be the reason that your former spouse does not agree on the holiday vacation. If speaking to your former spouse is not possible, consider meditating with them. Doing so will establish a friendly and less stressful environment for the child. Also, it is the fastest and cheaper option to settle the vacation agreement.
2. Negotiate with the Help of Solicitors
If you don’t like engaging in mediation with your former spouse, you could instruct your family law solicitors in shrewsbury to write a letter to your former spouse regarding these concerns.
Like for example, you can offer guarantees or safeguards regarding the vacation like allowing them to use mobile phones or Facetime while you are away with your child during the holiday or giving the other parent the information about the flight and itineraries details. Doing so may help the other parent to feel more comfortable and at ease with the proposed holiday vacation.
3. Go to Court
If none of these tips are useful, then it might be better to bring it to the court for a better judgment. The court will consider your request and will allow removing the previous court order about the jurisdiction for holiday vacation temporarily.