With summer fast approaching it is time to prepare for those long-awaited holidays. Many people will be travelling abroad for the first time since the pandemic. The legal rules on taking children abroad can be more complex for separated parents. Here are some common questions we are often asked.
Do I require my ex’s permission to take my child on holiday?
Yes, if you both share Parental Responsibility and there are no relevant Court Orders in place. This also applies to any other person who has Parental Responsibility for your child, such as a step-parent.
Permission from your former partner is not needed if the holiday is within England and Wales and booked on dates that fall within agreed arrangements for your child. If the holiday falls during time the other parent is due to care for the child, then you will require their consent to change the arrangements.
You do not need permission from your former partner if they do not have Parental Responsibility for your child, but you may wish to obtain their consent, to avoid any potential conflict.
What if I have a Court Order?
If you have a Child Arrangements Order in place stating that your child lives with you (even if it also says they live with the other parent), then the position changes. In those circumstances then you will be permitted to take the child abroad for up to one month, without the consent of the other parent. Additionally, if you have a court order which specifically grants permission for your child to be taken abroad, then consent from the other parent is not required. There is further information on the UK government website – https://www.gov.uk/permission-take-child-abroad
Do I have Parental Responsibility?
A mother will automatically have Parental Responsibility for their child. A child’s father will have Parental Responsibility if he was married to the mother. If unmarried, the father’s name will need to be on the child’s birth certificate to acquire Parental Responsibility. If you have jointly adopted a child, both parents will have Parental Responsibility. In any other case, a father will not have Parental Responsibility automatically without an order from the court or entering into a Parental Responsibility Agreement with the mother.
Can I or my ex refuse consent?
Unless there is a court order in place which allows you to remove your child from the UK without consent, then all persons with parental responsibility need to provide their consent to the holiday. You must act reasonably and have good reason to withhold consent.
In the event your former partner refuses you permission to take your child on holiday, and you do not think they are acting reasonably, you can apply to the court to determine this. The court will consider the application and decide whether it is in your child’s best interest to go on holiday.
You should in most cases first attempt mediation to resolve matters by agreement. However, mediation may not always be appropriate, and we can advise you in what circumstances the necessity to speak to a mediator can be dispensed with.
Do I need to prove I have permission?
This varies from country to country so it is worth checking the specific requirements of the destination country, for both entry and exit. Many countries have a requirement for a form to be filled in by both parents stating that the child is allowed to travel with one parent. Some airlines also have their own forms, that are also required to be completed by both sets of parents.
If the surname on the passport of the parent and child are not the same, this can also cause complications so again it is worth ensuring you can prove the consent in these circumstances.
When travelling, it is always sensible to carry a signed consent letter from the other parent to avoid being held up at the airport, even if not explicitly required by the destination or departure country or airline.
Need our help?
If you are concerned about whether you have Parental Responsibility for your child or wish to take your child on holiday and need advice, do not hesitate to contact E J Coombs Solicitors.
