Q&As

Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give their consent, can the child be taken on holiday without the other parent’s consent or is leave of the court required? How would the court approach an application for a specific issue order in relation to a 16-year-old child?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk

Published on: 14 June 2019

This Q&A considers whether a parent (‘the holidaying parent’) may take a child out of the jurisdiction of England and Wales if the other parent refuses to give their consent.

Where a child arrangements order is in place in respect of a child, no person may remove that child from the jurisdiction of the UK save in certain circumstances, pursuant to section 13(1) of the Children Act 1989 (ChA 1989). A ‘child’ for the purposes of ChA 1989 is a person under the age of 18 (ChA 1989, s 105(1)) and so will cover a child of 16.

If there is a child arrangements order in place, pursuant

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.