If you are parents who are separated it may be that you do need consent of the other parent, but this will depend on whether any Court Orders / Child Arrangement Orders are in place. BUT regardless of Orders, PARENTAL RESPONSBILITY is key to taking the children out of the country.
You must get permission from everyone who has PARENTAL RESPONSBILITY to take the children abroad UNLESS you have a “Live with Order” in which case you can take the children abroad for up to 28 days without the other parent’s consent.
What form of permission do I need?
It is always a good idea to get the consent in writing in the form of a letter showing that you have permission to take the children abroad. You might be asked for the letter at the UK or foreign border. The letter should include the other person’s contact details and details about the trip, and it would also help if you have with you evidence of your relationship with the children for example a birth or adoption certificate and a Divorce Order or Marriage Certificate if you are a single parent with a different family name from the children. Some countries may require the letter to be certified or notarized, so it is always advisable to check in advance.
If consent is required, then without this taking the children out of the country can be considered child abduction.
What to do if consent is refused?
If the other parent refuses, then you will need to apply to the Court for permission to take the children abroad by applying for a SPECIFIC ISSUE ORDER. It is important to note that such applications can take time so the sooner you address the issue of the holiday abroad the better.
When making the application, the Court will need to know details of the trip, for example the date of departure, when and how you are returning and its purpose. The Court will then need to decide whether the proposed trip is in the children’s best interest. In making the decision, the Court will consider things such as the purpose and duration of the trip, whether it will interfere with the child’s education or relationship with the other parent, and whether there are any potential risks or concerns.
If a person with parental responsibility wishes to prevent children travelling abroad with the other parent, then they will need to consider applying to the Court for a PROHIBITED STEPS ORDER, which is a legal injunction issued by the Court to prevent a parent with parental responsibility from making certain decisions or taking specific actions regarding children without the Courts permission. In making an Order the Court will weigh the benefits of the trip against protentional risks to the children’s welfare.
If you are considering taking your children on holiday abroad and need advice, our family team is here to help.
Author: Susan Dutton
Email: [email protected]
Susan is based at our Beeston office:
2 Devonshire Avenue, Beeston, NG9 1BS
0115 9221591
And Ripley office:
5 Market Place, Ripley, DE5 3BS
01773 744744
Disclaimer – this blog is for information only and does not constitute legal advice
