The summer holidays are an exciting time for children – full of sunshine, adventure and quality time with family and friends. For separated or divorced parents, planning a holiday abroad with the children can be a little more complicated than booking flights and packing suitcases.
If you are hoping to travel abroad with your child without the child’s other parent, make sure you know where you stand legally before you travel to avoid any potential difficulties.
Do you need permission to travel abroad with your child?
If you share parental responsibility with another parent and are planning a holiday abroad with the children, it’s essential to obtain written consent from the other parent. Removing children from the UK without the permission of everyone who holds parental responsibility for them, or without a Court Order, is a criminal offence.
If the other parent or person with parental responsibility does not consent to you travelling with your child or does not provide you with written consent, you will need to obtain the Court’s permission by applying for a Specific Issue Order. The Court will then make a decision as to whether travel is in the child’s best interest.
What if you have a Child Arrangements Order?
If you have the benefit of a Child Arrangements Order (Live With) in your favour in respect of your child, you are able to take your child out of the country for up to 28 days without the permission of the other parent.
Even with a Child Arrangements Order (Live With) in place, it is still recommended to inform the other parent of your travel plans and get their agreement in writing to avoid misunderstandings or potential issues at border control, particularly if you have a different surname to your child.
If you have a Child Arrangements Order (Spend Time With) in your favour (rather than a ‘Live With Order’) you will still need to seek permission of the other parent before travelling abroad.
What if my child has a different surname?
If your child has a different surname to you, it may be raised as an issue at passport control. To avoid unnecessary delays and stress, bring documentation with you that explains the name difference.
This might include:
- A copy of your marriage or divorce certificate
- A copy of any relevant Court Order
- Written consent from the other parent
Provide plenty of notice
Good communication with the other parent is key. Let the other parent know about your holiday plans well in advance or in accordance with the terms of an existing order. Holiday details should include:
- The dates you intend to travel
- Flight and accommodation details
- Emergency contact details
Providing these details will not only promote trust but also reassures the other parent that their child’s safety and welfare is your priority.
Help your child stay in touch whilst abroad
Whilst you are enjoying your trip away, consider encouraging your child to keep in touch with the parent at home. A telephone call or video call can ensure your child feels connected with both parents during their holiday.
Get Expert Legal Advice early
If you’re unsure about your travel situation, speak with one of our family lawyers. Our friendly, experienced team at our Huddersfield Office would be happy to help.
If you need help with child arrangements we may also be able to provide legal aid.
Contact us by phone on 01484 508 680 or email huddersfield@isonharrison.co.uk with your enquiry.
