Mackrell LLP is encouraging separated parents to think carefully before making Christmas travel plans involving children, as disputes over taking children away during the festive break continue to rise.

With many parents hoping to spend Christmas abroad or visit family overseas, disagreements can quickly escalate where one parent objects to the children being taken away.

In some cases, parents may be unaware that travelling without the other parent’s consent could carry serious legal consequences.

“We regularly speak to parents in December who are surprised to learn that holiday plans need agreement from those with parental responsibility,” says Alison Green, Head of the Family and Relationship team at Mackrell LLP.

“By the time they ask for advice, flights have often been booked and the children are excited for their trip, only to find out that there’s an unexpected legal issue that could ruin their plans if it’s not addressed.”

Under English and Welsh law, both parents with parental responsibility must agree before a child is taken abroad.

Removing a child from England and Wales without consent, or without a court order, is a criminal offence under the Child Abduction Act 1984, if the child is under 16.

“People are often shocked to hear that taking a child abroad without permission can amount to child abduction,” Alison explains.

“It does not matter that it’s a holiday or that the parent fully intends to bring the child home, consent is required. Without it, the parent that took the child out of the country could face proceedings to return the child and also a possible criminal prosecution.”

There is a limited exception where a parent has a child arrangements order stating that the child lives with them.

In those cases, the parent may be allowed to take the child abroad for up to 28 days without needing permission, unless the court order says otherwise.

“The detail in court orders really matters, because these orders are not the same for every family.

“If a parent travels with their child without agreement, especially after being told no, they could find themselves dealing with court proceedings instead of enjoying Christmas,” Alison adds.

“It’s always better to get advice than to risk making a very costly mistake or escalating family tensions.”

Parents may object to Christmas travel plans for a range of practical and emotional reasons.

“For some parents it’s about safety or unfamiliar destinations,” says Alison.

“For others, it’s the impact on a child’s routine or the fact that it means missing out on precious time together over Christmas. It’s very rare to speak to a parent who is trying to stop a holiday just for the sake of it.”

The parent objecting to the holiday will be required to provide a valid reason for their objection.

Solicitors say mediation can often help resolve festive disputes, particularly where communication has broken down between parents and emotions are running high.

This is especially the case in circumstances where the Family Courts are already overburdened with cases, leading to delays and added stress.

“Mediation gives parents the chance to talk things through with someone neutral in the room, to reach practical agreements more quickly, and preserve relationships at what can be an emotionally sensitive time of year.”.

“It isn’t an option guaranteed to work for everyone, but it can help parents reach a sensible compromise without the stress and expense of court,” explains Alison.

Where agreement cannot be reached, either parent can apply to the court for a specific issue order.

“The family court isn’t interested in who ‘wins’ Christmas,” says Alison.

“The focus is always on the welfare of the child and what is in their best interests. Judges will want to understand why the trip is being proposed and how it might affect the child’s relationship with the other parent along with the reason for the objection to the trip.”

Parents travelling with children over Christmas are also advised to carry appropriate documentation, including consent letters and copies of any relevant court orders, to avoid problems at border control.

As the festive season approaches, family law experts are urging parents to raise holiday plans early and keep communication as calm and clear as possible.

“Children pick up on tension very quickly. However difficult the relationship between parents may be, keeping the focus on the children can make an enormous difference,” says Alison.

Mackrell LLP’s Family and Relationship team advises parents on disputes involving Christmas contact, travel and holiday arrangements, with an emphasis on resolving matters without unnecessary conflict.

For more information about Mackrell LLP or for assistance with child arrangements during the holidays or any other family related matter, contact alison.green@mackrell.com.