As spring is in full swing, many separated parents will be planning their Easter holiday. If this applies to you, it’s essential to consider whether you need consent from anyone else before making any arrangements.
Imagine you need to obtain parental responsibility from another person to take your child out of the jurisdiction (which includes England and Wales, but not Scotland or Northern Ireland), and you do not do so. In that case, the consequences can be severe, as this may result in committing a criminal offence.
Travelling with children: the legal position for separated parents
The legal position will depend on who has parental responsibility for a child and whether the child is the subject of any orders.
When there is a court order:
Any person who has a child arrangements order in their favour, which specifies that the child lives with them, is permitted to take the child outside the jurisdiction for up to 28 days. If the court has ordered that the child live with both parents, either parent can take the child out of the jurisdiction for up to 28 days.
Sometimes, the court issues prohibited steps orders or specific issue orders that address holidays abroad. If your child is involved in a court order, it’s essential to read it carefully and understand any provisions that pertain to holidays.
When there is no court order:
Before taking a child out of the jurisdiction the consent of all individuals with parental responsibility must be obtained.
A child’s mother has parental responsibility from the child’s birth. A father or a second parent can acquire parental responsibility in the following ways:
- By being married to the child’s mother at the time of the child’s birth;
- By being named on the child’s birth certificate;
- By entering into a parental responsibility agreement with the child’s mother;
- By obtaining a parental responsibility order or having a ‘lives with’ child arrangements order from the court.
Sometimes, a third party may hold parental responsibility for a child. This can include a step-parent who has entered into a parental responsibility agreement with the child’s parent. It can also include an individual with a court order granting them rights related to the child.
Next steps: obtaining consent to travel abroad with your children
Effective communication is essential if you want to take your child on holiday. Begin the conversation early—ideally, before you book the holiday. Keep them informed as your plans develop.
You should be prepared to share full details of the proposed holiday, including dates, travel arrangements, accommodation information, who else will be joining you, and an emergency contact number.
While verbal consent is acceptable, recording this consent in writing is advisable.
Most countries recognize the risk of child abduction, so you may be asked questions when leaving the UK or at a foreign border. You should present a letter confirming consent for the holiday to avoid delays affecting your travel plans. This letter should include details about the trip and the other parent’s parents information. Additionally, it’s helpful to bring evidence of your relationship to the child, such as a birth certificate. If your name has changed since the child was born, you should also provide proof, such as a marriage certificate, a decree absolute if you are divorced, or a change of name deed.
What to do when consent to go on holiday is refused:
Suppose you cannot obtain consent from everyone with parental responsibility to take a child on holiday. In that case, you can request permission from the court to remove the child from the jurisdiction. The court generally views holidays with parents as beneficial for children. It is likely to grant permission, provided there is no legitimate reason indicating the holiday would not be in the child’s best interest.
A holiday may not be considered in the child’s best interest if it conflicts with the child’s relationship with a parent.
Additionally, the court is unlikely to approve a holiday during the school term or to a destination the Foreign Office advises against travelling to.
When children travel with relatives or friends:
It is common for children to travel with their grandparents or other family members. In such cases, it is essential to ensure that a letter signed by each person responsible for the child accompanies the child’s passport.
Check the rules in your holiday destination.
This blog discusses the laws in England and Wales concerning travelling with a child. It’s essential to check the requirements of your destination, as there may be regulations that you must follow. Ensure that you comply with the local laws and your destination.
For further information or specialist advice, please get in touch with us at info@harringtonfamilylaw.co.uk.