Separated parents are being urged to seek legal advice before taking their children abroad this half term.

Kennedy Langley, a family law expert at mfg Solicitors, which is based in Worcester, Kidderminster and Bromsgrove, has warned divorced or separated parents to familiarise themselves with their legal rights and the necessary steps to take with their former partner before travelling.

Ms Langley said that one of the most common concerns for separated parents is taking children on holiday without the other parent's consent.


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A key factor in determining whether an ex-partner's permission is required for a child to travel is whether they have legal parental responsibility.

This includes the right to make decisions about a child's upbringing, such as education, medical treatment, and travel.

According to UK law, mothers automatically hold parental responsibility.

However, fathers only have this if they were married to the mother at the time of the child's birth or if their name is on the birth certificate.

Other considerations include if a parental responsibility order has been granted by the court, if the parties have entered into a parental responsibility agreement, or if there is a child arrangements order in place specifying that the child lives with the father.

Ms Langley said: "If your ex-partner does not have parental responsibility, their permission is not required for you to take a child abroad.

"However, if both you and your ex-partner share parental responsibility for a child and there is no child arrangements order in place, the consent of both parents will be needed.

"It is good practice to ensure that you have this consent set out clearly in writing."

She is asking parents to get legal advice if they are unsure about the terms set out in any child arrangement order by the court, or if one parent is refusing a child's permission to travel.

She added: "A mediator may be able to help in reaching an agreement if one parent refuses permission, but if that doesn’t work, you should seek legal advice as an application to the court for a specific issue order may be required."

If successful, this order would allow a child to travel abroad despite the other parent refusing permission.