As the January blues settle in, many Scots find solace in planning sunny getaways, seeking respite from the winter chill. For separated parents, however, organising trips abroad with children can present unique challenges, especially when both parties need to agree. In this post we delve into the legal aspects surrounding taking children abroad post-separation, shedding light on consent issues and the role of the court in such situations.

Consent: A Crucial Factor

When planning a trip abroad with your child post-separation, obtaining the consent of the other parent is crucial. This agreement ensures that both parents are aware of and comfortable with the travel plans, prioritising the child’s best interests and maintaining a healthy co-parenting relationship.

Navigating Consent Issues

Yet, what if consent becomes a sticking point? If one parent wishes to take the child abroad but lacks the other parent’s consent, seeking a legal resolution becomes necessary. In such cases, a ‘Specific Issue Order’ from the court might be the solution.

Understanding Specific Issue Orders

A Specific Issue Order is a legal measure sought from the court to resolve a particular dispute concerning a child’s upbringing. In the context of taking a child abroad without the other parent’s consent, this order can empower the parent seeking to travel to do so legally.

What Can the Court Do?

When faced with a Specific Issue Order application, the court will carefully assess the situation, considering various factors such as:

1. Child’s Best Interests: The paramount concern for the court is the welfare of the child. Any decision made is in consideration of what is best for the child’s physical, emotional, and educational needs.
2. Parental Responsibility: The court examines each parent’s rights and responsibilities concerning the child. It aims to uphold both parents’ involvement in the child’s life while ensuring decisions align with the child’s welfare.
3. Reasons for Disagreement: Understanding the reasons behind the lack of consent is crucial. The court will evaluate both parties’ arguments, weighing the potential risks and benefits of the proposed travel.

Navigating Legal Channels

For a parent contemplating taking their child abroad without the other parent’s consent, seeking legal advice is crucial. A family law solicitor specialising in child arrangements can provide invaluable guidance, explaining the legal intricacies and assisting in preparing a robust case to present before the court.

Conclusion

As Sunny Saturday prompts dreams of distant shores, separated parents must navigate potential hurdles when planning international trips with their children. Obtaining consent from the other parent is essential, and in cases where agreement is unattainable, the option of a Specific Issue Order exists. However, seeking legal advice and understanding the nuances of family law is fundamental to ensuring the child’s best interests remain at the forefront of any decision-making process.

At Walker & Sharpe, our experienced family law team are ready to assist parents in navigating the complexities of child arrangements post-separation. Contact us today to explore your options and safeguard your child’s best interests when planning international travel.