The short answer is no. You may not remove your child from the jurisdiction without the written consent of each person having custody of the child or the consent of the Court.
This means that if you want to take your child abroad on vacation and the other parent who has custody does not agree, you will not be able to take your child. Unless one of the following applies:-
(a) Has a Residency Order.
(b) You have a court order giving your consent.
If you have a Residence Order, you have the right to remove your child from the jurisdiction for a period of less than one month without the permission of the other parent, who has parental authority. The parent without a Residence Order will still need the consent of the other parent.
If a father does not already have custody, the mother can remove the child from the jurisdiction. However, if the father has filed for custody and/or permission to file, the mother should not remove the child from the jurisdiction until the matter has been resolved by a court.
And yes…
“The other parent is not being reasonable. Vacations would be great for the kid. We’ve both been through some tough times and vacations would be great for us.”
Even if the other parent is not being reasonable but still does not give permission, you will need to apply to the Court under Section 8 of the Children’s Law for a specific issuance order. Essentially, this is the Court’s permission for you to remove the child from the jurisdiction for the purpose of a holiday.
In considering an application under the Children’s Act, the Court will consider what is best for the child and this will be the primary concern of the Court. In general, it is unlikely that the courts will prevent a child from going on vacation with the other parent if the vacation seems pleasant, especially if the children can express a clear desire to go on vacation and the parent commits (a promise from the parent). court) to return the child at the end of the vacation.
An objecting parent would have to find very good reasons why a vacation is not in the child’s best interest. In previous cases, opposing parents have worried that the child will miss school; the parent who wants to go on vacation has incomplete and inappropriate travel plans; the father with care was not well; or the child’s health was such that vacations were not in his interest. Some parents worry that the vacation is a ruse to kidnap the child and not return it to the jurisdiction. For the Court to consider this, there would have to be a very clear identifiable concern. Courts are also likely to be more cautious in this respect when the application involves a holiday in a country that is not a party to the Hague Convention.
If you are concerned about another parent’s desire to take the child on vacation, or you want to take your child on vacation but the other parent does not agree, we recommend that you discuss the matter carefully with an experienced family law attorney. The attorney can then advise you of your rights, the options available to you, and the Court’s approach.