The short answer is no. You cannot remove your child from the jurisdiction without the written consent of each person who has parental responsibility for the child or the consent of the Court.
This means that if you want to take your child on vacation abroad and the other parent who has parental responsibility does not agree, you cannot take them. Unless one of the following applies: –
(a) You have a residence order.
(b) You have a court order giving your consent.
If you have a residence order, you have the right to remove your child from the jurisdiction for a period of less than a month without the permission of the other parent, who has parental responsibility. The parent without the residency order will still need the consent of the other parent.
If a father does not yet have parental responsibility, the mother can remove the child from the jurisdiction. However, if the father has filed an application for parental responsibility and / or authorization to submit the application, the mother should not remove the child from the jurisdiction until the matter has been resolved by a court.
What if …
“The other parent is just being unreasonable. The holidays would be really good for the boy. We have both been through a difficult time and the holidays would be great for us.”
Even if the other parent is not being reasonable, but still does not give their permission, you will need to file an application with the Court pursuant to Section 8 of the Juvenile Law for a Specific Issuance Order. Basically, this is the court’s permission for you to remove the child from the jurisdiction for the purpose of a vacation.
When considering an application under the Juvenile Law, the court will consider what is in the best interest of the child and this will be the main concern of the court. In general, courts are unlikely to prevent a child from going on vacation with the other parent if that vacation is enjoyable, especially if the children can express a clear desire to go on vacation and the parent agrees (a promise from the court) to return the child at the end of the holiday.
A parent who objects would have to come up with very good reasons why a vacation is not the best for the child. In previous cases, parents who objected were concerned that the child would not attend school; the parent who wants to go on vacation has incomplete and inappropriate travel plans; the father carefully was not well; or the child’s health was such that the holidays did not interest him. Some parents worry that the holidays are a ruse to kidnap the child and not return it to the jurisdiction. For the Court to consider this, there would have to be a very clear identifiable concern. Courts are also likely to be more cautious in this regard when the request involves a holiday in a country outside the Hague Convention.
If you are concerned about another parent’s wish to take your child on vacation or wish to take your child on vacation but the other parent disagrees, we recommend that you discuss the matter carefully with an experienced family law attorney. The attorney can then advise you of your rights, the options available to you, and the approach of the Court.
