Can I take my children abroad after divorce or separation?

In the excitement of an impending holiday, it can be easy to overlook the procedures for taking your children abroad once you have separated or divorced. Here we explore the main issues for consideration.

You must have permission from all those with parental responsibility before taking a child abroad

English law requires that anyone with parental responsibility for a child must consent for the child to travel abroad. Parental responsibility is automatically granted to the mother (unless there is a court order removing this status). Fathers, who are named on the birth certificate, also have parental responsibility. Consequently, both parents need to grant permission to the other if taking the children abroad. Do ensure you have this before booking any trips abroad.

Unmarried fathers not named on the birth certificate can gain responsibility through a Parental Responsibility Agreement with the mother or a court order. Where a child is in care, a local authority can also share parental responsibility.

If you are taking the children away, give the other parent full details of the trip including dates, flights and accommodation particulars. Ensure they confirm in writing that they consent to the trip.

For those with a ‘lives with’ court order, it is possible to take the child abroad for up to 28 days without seeking permission, unless the order states otherwise. Even if this is the case, you should inform the other parent.

What can you do if the other parent refuses permission?

If your ex-partner refuses permission for the trip, we would strongly suggest you seek legal advice from an experienced family law firm, such as Tisshaws. If this is the case, we would advise trying mediation, which we can arrange, to try and find a way forward.

Alternatively, you can apply for a Specific Issue Order from the courts. They will decide whether the trip is in the child’s best interest before making a ruling. Do be aware that the family courts are facing a backlog of cases, resulting in lengthy delays and you may not get a ruling before the intended date of the holiday.

What documentation do you need when travelling abroad with your child?

It is wise to take a signed letter from your ex-partner outlining their consent to the trip. If you have a different surname to the child, do take a copy of your wedding certificate and the child’s birth certificate to prove you are the parent. As each country has different border regulations and requirements, it is wise to check in advance any specific paperwork required.

If you have a ‘lives with’ order in place or permission from the court under a Specific Issues Order, then this must be taken with you.

What happens if you do not have the correct documentation?

Those who risk travelling without the correct permissions and documentation can be accused of child abduction, which has serious consequences. If found guilty, you can face criminal charges and it will also adversely affect any future negotiations and court proceedings regarding the future care of your child.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.