Child Arrangements Order - confusing holiday permissions

[RSTurboPaul]

Hi all,

Just looking for some input from wiser minds than mine on this, as I am a bit confuddled...


The Child Arrangement Order in question has what appears to be standardised wording / warnings regarding holidays abroad, in two sections that seem to basically repeat themselves.:

Child Arrangements Orders 'Important Notices' warnings near the top said:

It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.

...

However, this does not prevent the removal of the child from the United Kingdom by a person named in the Child Arrangements Order as a person with whom the child is to live for a period of less than one month.

Child Arrangements Order 'Warning' section near the bottom said:

Where a Child Arrangements Order is in force and the arrangements regulated by it consist of, or include, arrangements which relate to either or both (a) with whom the child concerned shall live and (b) when the child shall live with any person, no person may cause the child to be known by a new surname or remove the child from the United Kingdom without the written consent of every person with parental responsibility for the child or the leave of the court.

However, this does not prevent the removal of the child, for a period of less than 1 month, by a person names in the Child Arrangements Order as a person with whom the child shall live (Sections 13(1), (2) and (4) Children Act 1989).

It may be a criminal offence under the Child Abduction Act 1984 to remove the child from the United Kingdom with the leave of the court.

The Children Act 1989 sections referred to appear to be as follows - the Court Order wording above appears to just regurgitate them:

https://www.legislation.gov.uk/ukpga/1989/41/part/...

Children Act 1989 Section 13 said:

13 Change of child’s name or removal from jurisdiction.


(1) Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may—

(a) cause the child to be known by a new surname; or

(b) remove him from the United Kingdom;

without either the written consent of every person who has parental responsibility for the child or the leave of the court.


(2) Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live.


(3) In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.


(4) This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.

.


Am I correct in summarising that, basically, 'you can take a holiday abroad up to a month long without getting written consent from the other party'??

[theboss]

RSTurboPaul said:

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Am I correct in summarising that, basically, 'you can take a holiday abroad up to a month long without getting written consent from the other party'??

That's my understanding and exactly as applies to my mate who has majority of custody of his child via a childrens arrangements order. The split is such that the child lives with his Dad in term time and visits his Mum in holidays.

The parent named in the order with whom the child lives day-to-day is able to take them abroad for up to 1 month without requiring the consent of the other.
The non-resident parent would require the consent of the other parent to take the child out of the country for any duration.

It's also in my mate's agreement that he looks after the child's passport routinely.