Are you a parent who has parental responsibility for a child, but are separated from the other parent?
Are you planning on taking your child abroad?
Do you need permission from the other parent to take your child abroad?
We will answer all three questions for you.
Taking your children abroad as a solo parent can feel like packing for a mission: passports, sun cream, goggles, snacks, mobile devices and chargers. What is often forgotten is “parental consent”.
The general rule is simple: if one or more of you have parental responsibility for a child, you need their permission before taking the child abroad. Parental responsibility may include:
- Mothers – they are automatically granted parental responsibility
- Fathers – if married to the mother at the time or birth or named on birth certificate
- Anyone else with parental responsibility through a court order, or a parental responsibility agreement/order
Don’t take any chances
For many separated parents – even where the child lives mainly with one parent but spends time with the other parent – if permission has not been granted for taking your child abroad, they may need to obtain a court order before they go. Taking a child abroad without the right consent can amount to child abduction under the Child Abduction Act 1984, or could be a breach of a court order, which is far rather more serious than the forgotten goggles.
However, there is an important exception: if a Child Arrangements Order (CAO) says the child “lives with you”, there is normally provision in that court order which would state that they can take the child abroad for up to 28 days without separate consent, unless the court order says otherwise.
However, best practice says that, even where consent is not legally required, and in terms of co-parenting, it would be advisable to inform the other parent in advance. When taking your child abroad, you should provide travel dates and destination, share accommodation details, and agree any reasonable contact arrangements whilst the child is away e.g. other indirect contact such as FaceTime or a WhatsApp call.
The best advice, even if consent is not formally required (if there is a Child Arrangements Order in place), would be to obtain a written consent letter. This is often the easiest way to keep the journey smooth. That letter can include the child’s details, travel dates, destination, accommodation, flight numbers, return arrangements, and the consenting parent’s contact details and their written consent to travel.
As well as any consent letter, it may also be sensible to carry the child’s birth certificate, any relevant court order, and proof of any change of surname because border officials are not known for enjoying any mysteries!
Refusal to provide consent – where does that leave you?
In this situation, you will possibly have to seek an order from the court.
If the other parent refuses to give consent, it is generally not advisable to book flights and accommodation in the hope that the issue will resolve itself. Communication is key, and discussions should take place as early as possible rather than being left until the last minute. If you cannot gain consent, the only option may be to apply to the court for permission for taking your child abroad, or alternatively, cancel the holiday and incur the associated costs.
If consent is unreasonably refused by the other person who has parental responsibility, or consent cannot be obtained for whatever reason, your only other option is to apply to the court for permission before travelling. This could be an expensive exercise though, and is usually done by applying for a Specific Issue Order, asking the court to allow the trip.
When deciding the application, the court will consider:
- The purpose and duration of the trip
- The child’s welfare
- Any risk of the child not being returned
- How contact with the other parent will be maintained.
Genuine holidays are rarely refused, provided there is no real risk of non-return.
Don’t forget to pack your permission
So, before you head for the departure gate, make “consent” part of your preparation list and packing list.
Consent letter? Check.
Passport? Check.
Favourite teddy/mobile devices? Absolutely check.
Taking your child abroad is usually straightforward when parents co-operate and act in the best interests of the child. However, the legal requirements are strict, and failing to follow them can have serious consequences.
Obtaining consent, communicating clearly and early, and understanding your legal position are essential for a smooth and stress-free holiday. A little preparation in good time can prevent a family holiday from turning into an unwanted legal issue.
If any disputes arise, including uncertainty about who has parental responsibility for a child, whether you can take your children abroad, or consent not being provided, please do not hesitate to contact the family law department at Thomson & Bancks. We will be able to assist and guide you on what you can do.
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We are your local, trusted and dedicated solicitors with offices based in Pershore, Tewkesbury and Stratford-upon-Avon.
Our family law team knows that your priority will be to ensure the welfare of your children, and they will work with you to ensure your needs are met. It can be a stressful and emotional time, but we are here to help make sense of the law for you.
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