Separated parents: can you take your children abroad this summer?
With summer just around the corner, families across the UK are planning holidays abroad with their little loved ones.
You’ll be busy packing your children’s flip-flops, favourite toys, and passport – but have you thought about packing a written permission slip in their carry on?
In most cases, it is up to the separated parents how they share holidays with their children. Most parents can come to this decision on their own, with a typical holiday schedule for separated parents seeing summer holidays and half-terms evenly split or rotated.
Whether separated parents agree or not, it is important to remember that taking children abroad without the correct legal permissions is child abduction – even if you are the parent.
To take a child abroad, you must have either an order of the court or permission from all parties who hold parental responsibility before you jet off. Permission should be given in writing.
Automatic parental responsibility is given to:
All birth mothers
Fathers married to the mother at the time the child was born (even if subsequently divorced)
Fathers not married to the mother, registered on the child’s birth certificate either at the time of birth or a subsequent re-registration
Civil partners and partners of mothers registered as the child’s legal parent on the birth certificate
Those with a parental responsibility order or residence or live with order under the provisions of the Children Act 1989
Parental responsibility can also be acquired by entering into a parental responsibility agreement.
Consent is not always required. If you have a child arrangement order (previously known as a residence order) that specifies your child lives with you, you can take your child abroad for up to 28 days without permission of the other parent. It is, however, always advisable to share your travel plans with the other parent to promote co-operation and positive parenting.
You also won’t need consent if you are the mother and there is no other person with parental responsibility – for example, if there is no father or second parent named on the child’s birth certificate and you have not subsequently married the other parent. Further, if you have a court order permitting that you can take your children abroad, consent will not be required.
UK or foreign borders may ask you for evidence of your permission to travel with your children and what your relationship is to them as you enter or leave the country.
It helps to have the following documentation to hand:
Written consent to the trip from the other parent with parental responsibility along with a copy of their passport
Full contact details of the consenting parent
Details of your trip including return flight information and where you will stay
Birth or adoption certificates for proof of relationship
Divorce or marriage certificate if your surname is different to your child’s
You do not have to give permission if you do not agree with your ex-partner taking your children on holiday. It is important to note, however, that permission should not be unreasonably withheld.
If consent is unreasonably withheld, in response, your ex-spouse or partner can make an application for a specific issue order to obtain the court’s permission to travel.
The court will carefully consider whether the holiday is in the best interests of the child and whether the time period or destination is reasonable. Where the court is satisfied that there are no concerns about issues raised, in most cases, we find that the court will make the order.
If there are concerns about a holiday abroad, particularly surrounding the children not being returned or where other safeguarding issues arise, seeking immediate legal advice is critical. Get in touch with our family law team for confidential advice.
