Can I take the children abroad on holiday?

If you want to take children under 16 out of the United Kingdom you need oral or written consent from the other person with parental responsibility. To do so without appropriate consent would be illegal; however, if consent is not given you can apply to a court for it. If you are the only parent with parental responsibility for the child, then you are able to lawfully remove your child from the United Kingdom, providing that it is not forbidden by a court order. If you have a residence order for a child you will not be acting unlawfully if the child is taken out of the United Kingdom for less than four weeks without the other parent's consent.

Who has parental responsibility?

The mother always has parental responsibility and retains it if she is divorced. Married fathers automatically have parental responsibility and similarly retain it after divorce. A recent change in the law means that in England and Wales, for children born after 1 December 2003, both of a child’s parents have parental responsibility if they are registered on the child’s birth certificate, whether the parents are married or not. If the child was born before 1 December 2003, unmarried fathers who are registered on the birth certificate do not automatically have parental responsibility. Fathers can obtain parental responsibility after the birth either by entering into a formal written agreement (on a court form) with the mother, or by a court order if she does not agree.

 If your child is adopted, then both the adoptive parents are the child’s legal parents and automatically have parental responsibility. In addition, an appointed guardian (which usually takes effect on the death of the parents) has parental responsibility, as does someone having a residence order made in their favour, in which case parental responsibility lasts for the duration of the order. If a child is the subject of a care or supervision order, then a local authority acquires parental responsibility (shared with the parents) for the duration of this order.