Separated Parents: Travelling with Children
In this podcast Kara Swift, a Senior Associate at Family Law in Partnership, and Michael Edwards, a Barrister at 4PB who specialises in international children law particularly child abduction, examine the issues that separated parents need to think about if they are planning to take their children on holiday, in particular from England & Wales.
Kara and Michael underline the importance of abiding by the terms of any order that the Court has already made in relation to the children, and to try to reach an agreement away from the courts if at all possible. They look at the general view of the Family Courts towards separated parents taking their children on holiday, and offer practical steps that separated parents can take if they are in agreement to ensure that everything runs smoothly.
There are times when agreement might not be possible and they consider the importance of carrying out a thorough risk assessment, weighing up factors such as:
- Who do the children live with?
- Who has their passports?
- Where is the other parent planning to travel to? Is this a country which is party to the Hague Convention*?
- Are there signs that this might be more than a temporary trip?
Where a parent has concerns about the intentions of the other parent, Kara and Michael emphasise the importance of acting quickly and getting specialist legal advice on the best way forward. They look at the range of orders that a Court could make before the children travel, and what could be done if the children have already been taken abroad.
*Hague Convention 1980 – contracting parties https://www.hcch.net/en/instruments/conventions/status-table/?cid=24
About the speakers
Michael of 4PB is a specialist in international children law, particularly child abduction, leave to remove and jurisdictional disputes. He regularly appears in the High Court and has appeared in many of the leading cases in the Court of Appeal and Supreme Court. Michael has been noted by Legal 500 as “the private children and child abduction guru”. Michael is Co-Editor of International Family Law, the leading journal on international family justice.
Kara advises on all aspects of private family law, supporting a wide range of married and unmarried clients following separation to resolve matters relating to their children, finances and property rights with diligence and care. Kara is a qualified collaborative lawyer. Kara is ranked as a Rising Star by Legal 500 2023.
For further information or advice on any of the topics raised in this podcast, please contact Kara Swift in the first instance at E: email@example.com or T: 020 7420 5000.