Family & Matrimonial Solicitor
Brindley Twist Tafft & James LLP
A growing number of parents with children from previous relationships incorrectly assume they have an automatic right to take the whole family on holiday, warns leading law firm Brindley Twist Tafft & James.
A couple planning to take a stepchild on a break may not realise they need the other biological parent’s consent if both parents share Parental Responsibility, a legal term surrounding the rights, duties, powers, responsibilities, and authorities a parent has in relation to a child under the law.
All mothers will automatically have Parental Responsibility together with fathers who are registered on the birth certificate. They will not lose it if they are divorced or the civil partnership is dissolved.
The issue is growing in importance with the increase in the number of ‘blended’ families, where each partner has children from a previous relationship. Roughly 1.1 million children in England and Wales live in blended families, according to UK Government figures.
Family & Matrimonial Solicitor, Natasha Aspinall at leading law firm Brindley Twist Tafft & James, says there is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to take their child abroad.
“This is incorrect,” she said. “The term Parental Responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.
“The general day-to-day decisions should be made by the parent with whom the children reside without interference from the other parent, subject to any additional provisions. Important decisions regarding a child, such as taking a child abroad for an extended stay for example, need to be made by everyone with Parental Responsibility for the child.
“If a blended family wants to go on a break, it’s generally necessary to obtain the other parent’s agreement. If the biological parent doesn’t agree, you might need to apply to the court for permission. No one wants to discover this when the bags are waiting by the doorway and the airport taxi is booked.
“What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the court for a Child Arrangements Order (CAO).”
A CAO is a legally binding court order in the UK that specifies where a child will live, who they will spend time with, and the nature of that contact. The court will expect the parties to have engaged in mediation before the application is made.
“CAOs let each parent, as well as their new partners, know where they stand and prevent misunderstandings and disagreement, leading to more stability for the child,” Natasha adds. “It also helps ease any uncertainty for the parent that does not live with the child by alleviating any anxiety they may have about feeling like the ‘lesser’ parent.”
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About Natasha Aspinall
Natasha qualified as a Solicitor in 2003. She joined Brindley Twist Tafft & James LLP in our Family & Matrimonial department in November 2022, based out of our Balsall Common office. Natasha joins us from a local Solicitors firm where she worked as Head of the Family Law department for the last 5 years.