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Legal eagle<br />
School holidays such as half<br />
term are the perfect time to<br />
take a break from everyday life<br />
and have a holiday with the<br />
children.<br />
However, if parents are<br />
separated there is more to think<br />
about than just where to catch<br />
some affordable late sun.<br />
For children to be taken outside<br />
of England and Wales, everyone<br />
with parental responsibility<br />
must have given permission.<br />
For most children both their<br />
parents will have parental<br />
responsibility but in some<br />
situations fathers or other<br />
second parents may not have it.<br />
Holiday<br />
homework<br />
Advertorial<br />
For that permission to be given<br />
it is always reasonable for the<br />
consenting parent to be given<br />
the full travel details of where<br />
the children are going and<br />
contact details for whilst they<br />
are there.<br />
In rare cases the consenting<br />
parent may have concerns that<br />
the children will not be brought<br />
back. For example, if the<br />
travelling parent is taking the<br />
children to their home country.<br />
In such cases it is sensible<br />
to seek assurances before<br />
permission is given for the<br />
children to travel.<br />
In a tiny number<br />
of cases each year<br />
children are kept<br />
abroad at the end<br />
of a holiday and it is<br />
necessary for the parent who<br />
is left behind to employ legal<br />
remedies.<br />
The steps to take will depend<br />
on which country the children<br />
There's more to taking kids abroad<br />
than sun cream, advises Simran Gupta<br />
have been kept in and whether<br />
there is a relevant international<br />
treaty which can be relied upon<br />
to secure their return.<br />
If there is no relevant treaty<br />
the English court will still<br />
assist in recovering the<br />
children were it can,<br />
although the process<br />
can be more complex.<br />
The processes involved<br />
are specifically designed to<br />
be quick and effective, focusing<br />
on returning children to their<br />
home for a decision to be made<br />
there about what is best for<br />
them.<br />
Simran Gupta is a member<br />
of The Law Society's<br />
Family Law Advanced<br />
Accreditation Scheme and<br />
is one of TV Edwards’s<br />
dedicated team of solicitors<br />
specialising in international<br />
children's matters. If you<br />
need assistance on this<br />
subject, please do get in<br />
touch.<br />
0203 440 8345, simran.<br />
gupta@tvedwards.com<br />
tvedwards.com, 35-37 Mile<br />
End Road, E1 4TP<br />
38 LOVEEAST
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