FAMILY LAW
Imran Khodabocus, Associate Solicitor in the Family Law
Company gives some advice to those parents planning to go
away with their children this summer.
1.
Its that time of year again.
The sun is creeping out, the
temperatures are slowly (emphasis
on slowly) rising. This can only mean
that summer is fast approaching.
Many parents will be busy trying
to make plans about how to keep
their children occupied during
the summer holidays (I’m one
of them!). For some, this means
making plans to go abroad with
their children. The good news is that
this advice applies whatever the
outcome of the EU referendum!
2.
For parents who have
separated, there are some
things you can do to ensure that
you have a nice time with your
children.
3. It is important to remember
that you may need the other
parent’s written permission
to take your child outside of
England and Wales. This will
depend on whether or not you
share ‘parental responsibility’
for your child. If you are married
to the other parent, or if your
child was born after December
2003 and you are named as the
father on their birth certificate
you normally will share parental
responsibility with the mother. If
you don’t have responsibility, you
can obtain it by obtaining the
mother’s consent and obtaining a
parental responsibility agreement
or applying to court for a parental
responsibility order.
4. If you share parental
responsibility, and unless you have
a residence order (now known as
a child arrangements order), you
will need the other parents written
consent before your go abroad.
5.
Therefore it is important that
you make your plans early.
Ensuring that you can tell the
other parent where you will be
and giving them advance notice
helps in securing their written
consent. By booking early, you
may even be able to be to take
advantage of even better deals
on your holiday. There is still time
to consult the other parent, most
school terms do not end until late
July.
6.
If the other parent does not agree, then ultimately you may have to apply to court for permission. If you leave
your holiday to last minute, you are unlikely to get a decision from the Court in time, hence why it is so important to
try and make your plans early. Before you get to Court, you may need to go through mediation. Mediation does
not involve court proceedings but does involve you and the other parent, with the help of an independent and
trained specialist, trying to come up with an agreement about your holiday plans. For many families, particularly for
parents who are nervous about letting their child go abroad without them for the first time, just talking through some
of their concerns with someone neutral during the mediation process really helps.
If you require further information or advice in respect of this or any other family matter, please contact Imran
Khodabocus 01392 284 851.
Remember, your first appointment is always free and even if you end up needing further advice, we offer a 10%
discount to members of the Fire Service.
Who is Imran?
Imran is an Associate Solicitor having joined The Family Law Company in 2016. Imran has been qualified as a Solicitor
since 2008 and previously worked at a regional practice in Somerset where he spent nearly 10 years there dealing
with a wide range of cases from high value financial cases to complicated and sensitive cases involving children.
Imran speaks French, German and Spanish and has previously lived and studied in Lyon, Barcelona and Brussels,
where he worked with the European Commission.
Imran undertakes both private client and legal aid work. He represents clients in divorce and financial matters,
civil partnership dissolutions and cohabitation. Imran also represents parents and grandparents as well as children
themselves in all matters involving children. Imran also works in the field of domestic violence by assisting people in
connection with injunctions and occupation orders.
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