We are right in the middle of the school summer holidays and many people will be jetting off to travel abroad. Some people who are divorced or separated don’t realise they must obtain permission from all those with parental responsibility for the child, most commonly their ex-spouse or ex-partner, to take the child abroad. The key exception to this is when the parent travelling with the children has a Child Arrangement Order stating that the children live with them.
Where such an order is in place, the child can be taken abroad for up to 28 days without the consent of others with parental responsibility, providing the holiday does not breach the terms of the order regarding time spent with the other parent. Understandably, it is good practice to still communicate regarding the holiday, even when specific consent is not required.
Where permission is required, it should be provided in writing. It is important to remember that failure to obtain this permission can lead to child abduction proceedings. Parental responsibility is automatically given to the mother of a child. Fathers will obtain parental responsibility if they are either named on the birth certificate of the child, or married to the mother when the child is born. Parental responsibility can also be granted via court order or by entering into a Parental Responsibility Agreement.
It is important to remember that the United Kingdom is formed of four countries (England, Wales, Scotland and Northern Ireland) and they do not all share the same legal system. As such, if you remove a child from one legal system within the United Kingdom to another, this can effectively amount to going ‘abroad’.
When travelling abroad, a parent can be asked for evidence of their permission to travel with the child and their relationship to them. It is advisable to have written consent to the trip from everyone with parental responsibility, along with their contact details. If your surname is different to that of the child, it is worthwhile taking evidence of your relationship with the child, such as the child’s birth certificate.
In situations where someone with parental responsibility for the child does not consent to travel, and you do not have an Child Arrangements Order confirming the child lives with you, an application to court will need to be made for the court’s permission, before you can travel. The application will be for a Specific Issue Order and the court will need to consider whether the holiday is in the best interests of the child. In most cases, the court will grant permission for travel abroad, provided there are no safeguarding concerns, or concerns about a child not being returned. It is important to remember that every case will be decided on its own facts.
Our Family Solicitors at FJG have experience in advising and representing clients in Children Act proceedings, including applications for Child Arrangements Orders and Specific Issue Orders. Please contact us by calling 01206 835320, contact us by using the enquiry form at the top of this page.