Children usually long for the summer holidays, but the summer
break can be a difficult time for separated or divorced parents.
Conflict often arises over how to share child care during the
summer months, and it can be particularly difficult for separated
parents to reach agreement when planning trips abroad.
Parental rights and responsibilities (PRRs) include the right to
decide where a child lives. (For more about PRRs, see Ainsleigh
Phillip's blog.) If both parents have PRRs and one parent
wishes to take their child out of the UK, whether temporarily or
permanently, the consent of the other parent must be obtained. If
the other parent refuses to consent, the parent intending to take
the child out of the UK can apply to the court for an
order.
In cases like these, the court will apply "the welfare test"
before deciding whether to grant permission to the applicant
parent. That is to say, the court will consider what is in
the best interests of the child when considering whether to grant
an order.
The child's views may be sought, depending on the age of the
child. If the child's views are sought it is for the court to
determine how much weight to attribute to such views as the child
expresses.
Unfortunately, there tends to be a sharp increase in cases of
child abduction at this time of year, often when a parent takes a
child abroad on "holiday" and then fails to return. Recent Foreign
Office figures suggest that the number of British children abducted
by parents and taken abroad has risen by over 10% in the past year.
The Foreign Office has launched a new campaign to promote awareness
of the issue, with a focus on preventative measures.
If a parent reasonably believes that the other parent will
attempt to remove their child from the UK without obtaining their
consent, especially where there is a concern that they may not
return, they should seek legal advice as soon as they can. A number
of urgent measures can be taken on their behalf to prevent the
removal of the child.
If you are affected by any of these issues, our Family Law team
can provide specialist advice.