Holidays out of the jurisdiction: a review of case law and practical tips

Eri Horrocks Associate Hunters Law LLP

This article considers the approach the family court has taken in recent years in relation to applications to take children out of the jurisdiction on holidays and in particular the factors the court takes into account when there is an (alleged) risk of abduction.

These cases can largely be grouped into two categories: (1) applications to go to a Hague Convention country or (2) applications to go to a non-Hague country. There are specific additional factors that a court will need to take into account when deciding whether to grant an application to travel to a non-Hague Convention country in addition to the usual principles applicable in Children Act cases. Recent caselaw points to the importance of evidence being provided to the court of the risk of abduction and the availability of safeguards which may help to mitigate the risks.

The article concludes by providing practitioners with practical tips to bear in mind when instructed on cases involving applications to take children on holiday out of the jurisdiction.