Have you spent the summer holidays arguing over when your children should see their mother/father?
Have you spent hours arguing about whether your children should be allowed to go on holiday with their mother/father? Is there already a Court Order regarding your children in place which is not being complied with?
If you found yourself answering yes to any of the above questions, it may be time to seek legal advice to avoid this happening again in the future. It may be necessary to apply to the Court for a Child Arrangements Order, which can set out where your child is going to live and when. A Child Arrangements Order can also set out who your child is going to have contact with, where and when.
If you want to take your child on holiday abroad, you must have the agreement from everyone who has Parental Responsibility for the child. A Mother automatically has Parental Responsibility whilst a Father acquires Parental Responsibility. The most common ways for a Father to acquire Parental Responsibility is by being named on the birth certificate or by being married to the Mother. If anyone with Parental Responsibility does not agree to you taking your child on holiday, you can apply to the Court for an order, known as a Specific Issue Order, allowing you to take your child abroad, if it is in your child’s best interests. If you take your child on holiday without the agreement of anyone with Parental Responsibility or a Court Order, it can be considered as child abduction.
If there is already a Child Arrangements Order, previously known as a Residence Order, in place, you would expect this to be complied with. However, in the circumstances that you are not having the contact as set out in the Order, it is possible to apply to the Court to enforce this Order to regulate contact with your child over the summer holidays.
At Wolferstans, we understand how stressful, emotional and difficult it can be to come to an agreement regarding arrangements for your child. We can advise you on a range of matters which may have dampened your summer holidays. Call us now on 01752 663295 and speak to one of our legal experts to arrange an appointment.