Family Rights Group | Parents’ Forum

Hi, I have been told two different opinions on the rules for a foster carer to take our children on holiday...

They are LAC so one solicitor said they need permission from the LA who share parental rights and us as the parents.

But I got a document after the court order and also another solicitor said they can take them away for a period of 1 month abroad without our consent,

Which is true?

Dear Poundedskate7,

Under section 33 (7)(b) Children Act 1989 this provides that:“ When a care order is in force with respect to a child, no person may remove him from the UK […] without either the written consent of every person who has parental responsibility for the child or the leave of the Court”.

However, under section 33(8)(a) Children Act 1989, the provision says that a child can be removed from the UK by the Local Authority whose care he is in without the consent of all those with parental responsibility providing the period was less than one month.

I hope that clarifies and answers your question.

Best wishes,
Suzie