Can my former spouse stop me taking our children on holiday?

Q.My former wife and I divorced three years ago. Upon separation we agreed that our two children would spend alternate weekends with me and that they would spend additional time with me during school holidays.

We were able to make these arrangements by amicable agreement so it was not necessary for court proceedings to be issued. Since we divorced I have taken the children away in the UK each summer. This summer, I wish to take the children on holiday to Spain for one week.

I have discussed this with my former wife and she has said she does not want the children to travel abroad with me. She has given no reason for her decision, only that she does not feel comfortable about the children travelling abroad without her.

My former wife has taken the children abroad for a holiday each summer since our separation. I have urged my former wife to reconsider her decision but she will not change her mind and is not prepared to discuss it further. What can I do?

Our response

If your former wife will not reconsider her decision then it is important to seek legal advice as a matter of urgency. It may be necessary to issue an application to the court for a Specific Issue Order and these proceedings can take several months to reach a conclusion.

Before you are able to make such an application to the court you would need to attend a Mediation Information and Assessment meeting. The mediator will discuss with you whether your case is suitable for mediation and, if it is, will invite your former wife to also attend mediation.

If it is not possible to resolve your dispute in mediation then it would be necessary to issue an application to the court.

The court will consider your application and make a decision based on what is in the best interests of the children.

As you have taken holidays with your children in the past, your former wife does not appear to have any concerns about your abilities to care for the children or their welfare when they are in your care.

You must be able to demonstrate to the court that your travel plans and the accommodation will be safe and reasonable for the children. Your former wife’s anxieties about the children travelling abroad without her will not be sufficient for the court to refuse permission for the holiday.

Unless there are compelling reasons why the children should not travel abroad with you, the court would make an order permitting you to take the children on the planned holiday. The court would also make an order that your former wife must provide you with the children’s passports for the purposes of the trip.

For more information, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or at janine.hutson@harrison-drury.com