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Taking a Child out of the Country

Children's welfare in Child and Family Law at FJG Solicitors Colchester Essex UKThis 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.

If there is a dispute over a holiday, then a court can resolve it by a Contact, Specific Issue or Prohibited Steps Order.

But what if the resident parent wants to take a child abroad for a year, say, or permanently ? This would need the consent of the other parent or a Court Order. As always, the Court will apply the welfare checklist. Court of Appeal guidelines indicate, however, that if the resident parent has thought their proposals through, and worked out where they are going to live, schools, etc, then normally consent will be given.