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Anyone
with parental responsibility can take the child
anywhere within the United Kingdom without any
consent.
A Specific Issue Order must be applied for to
seek the court's consent to take a child to live
in or visit another country.
A parent with a Residence Order can take a child
out of England and Wales for up to one month without
the other party's consent for a holiday. If you
do not have a Residence Order then you must seek
the other parent's consent (or any party who has
parental responsibility).
The court must consider the child's needs as paramount
and must apply the following checklist before
making an Order:
1) The ascertainable wishes and feelings of the
child concerned (considered in the light of his
or her age and understanding).
2) His or her physical, emotional and educational
needs.
3) The likely effect on the child of any change
in circumstances.
4) The child's age, sex, background and any characteristics
that the court considers relevant.
5) Any harm which the child has suffered or is
at risk of suffering.
6) How capable each of the child's parents are,
or any other person in relation to whom the court
considers the question to be relevant, is of meeting
the child's needs.
7) The range of the powers available to the court
under the Children Act.
Further advice should be sought from your solicitors.
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