As the pandemic recedes into history, many families are planning their long-awaited holiday abroad. Following separation or divorce, travelling abroad with children is a little more complicated, requiring early attention.
Sadly, divorced parents can not just pack up and go on a holiday with the kids. Before travelling, a separated or divorced parent has to get appropriate permission to avoid a legal dispute with the former spouse.
Taking Children on Holiday Abroad
First, review your parenting agreement or custody order to know the details regarding holidays and travelling with your kids.
In the case of shared parental responsibility, it is essential to obtain the written consent of the other parent to take your child abroad. Taking your child abroad without permission is considered child abduction.
Without any child arrangement orders or other restrictions in place, it is up to the person/people with parental responsibility to give permission in writing to take children on holiday abroad.
Child Arrangements Order
In contrast, the situation would be different if one parent has a Child Arrangements Order. The only exception is the parent travelling with the children has a Child Arrangements Order that provides for a child to live with him/her.
In this instance, you can take the kids out of the UK for up to 28 days without the other parent’s written consent. However, the person without a Child Arrangements Order will still need the written consent of the ex-partner for traveling abroad with children.
Special Guardianship Order
In the case of a Special Guardianship Order, the parent can take children abroad for up to three months without the written consent of other persons/people, provided this is not a breach of a court order.
Obtaining Permission From the Court
If the person with parental responsibility refuses to give written consent, you can move to the Family Court to apply for Specific Issue Order. The application can be made on an emergency basis if the consent is unreasonably withheld.
Considering different factors, the court will decide whether taking children abroad is in their best interest, acceptable destination, and reasonable period.
Get Your Documentation in Order Before Traveling
Usually, the permission letter from the person with parental responsibility is sufficient to take children abroad. Besides, it would help to have the following documents
- Child’s birth or adoption certificate
- A copy of the marriage certificate and divorce papers
- Proof of name change
What to Do If Your Child Has Been Taken Abroad Without Permission?
If the child is taken abroad by the other parent without consent, it would be considered a child abduction case. Contact a reputable solicitor to get legal advice specific to your situation.
Also, contact the police to prevent your child from leaving the UK. Further, the lawyer will help you settle the dispute and get custody of your child.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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