Do I need consent to take my children on holiday?
28th November 2016
Caroline Millar comments in Greens Family Law Bulletin Issue 44 November 2016 on the recent case of A v B [2016] SC EDIN 53, a decision of Sheriff Holligan sitting at Edinburgh Sheriff Court.
The case concerned an application by a father (B), who sought an order allowing him to take his children on holiday to Algeria. The mother (A) opposed the order on the basis that, she was concerned that, once in Algeria, B would not return the children.
This judgement provides a useful overview of the factors relevant in determining “temporary relocation” cases. In particular, it reinforces that careful consideration has to be given to the evidential requirements in cases where an order is sought allowing children to travel to jurisdictions which offer limited, or no, internal mechanisms for return and which are not signatories to the 1980 Hague Convention. If you would like to know more about the decision or have queries relating to holidays or trips abroad with your children you can contact Caroline or any of the other team members at SKO.
