This used to be very complicated for divorced parents, but nowadays a foreign
holiday is no big deal. If the parents agree, then nobody's permission is
needed. If there is a Residence Order in force (indicating a past dispute) then
the parent with the Residence Order can take a child out of the country provided
it is for no longer than one month. Any other party would need that parent's
written consent. Some countries (especially the USA) may refuse a tourist visa
if written consent is not provided, even for a holiday.
If there is a dispute over a holiday, then a court can resolve it by a
Contact, Specific Issue or Prohibited Steps Order.
Taking a child to another country for longer, say a year's posting or (more
often) permanently is an issue that has been the subject of many Court of Appeal
decisions. It may be best summarised by these statements.
1. If the proposal is made for good reason and properly thought through, it
shall normally be granted.
2. If it is not for good reason or not properly thought through, it shall
normally be refused.
3. A court may have to consider the impact on the resident parent of refusing
an application and the consequent impact on the Children (the Rule in
Payne -v- Payne).
4. The other parent may well argue that , whatever the merits, the children
might be better off with them instead.