If you are a parent who has separated from your partner and you want to take your children abroad on holiday, you may be wondering what the legal implications are?
Depending on your situation, you may need to obtain the consent of the other parent or the court before you can travel with your children.
Our family law team have highlighted some of the information you need to know before you book your trip.
What is Parental Responsibility?
Parental responsibility is the legal term that describes the rights and responsibilities that parents have towards their children. It includes making decisions about their education, health, religion, and welfare. In the UK, both parents usually have parental responsibility if they are married or in a civil partnership, or if they are named on the child's birth certificate (after 1 December 2003 in England and Wales, 4 May 2006 in Scotland, and 15 April 2002 in Northern Ireland).
If you are not sure whether you have parental responsibility, you can check with a solicitor or a family law adviser.
When Do You Need Consent to Take Your Children Abroad?
If you have parental responsibility and you want to take your children abroad on holiday, you need to get the consent of anyone else who also has parental responsibility, unless:
- You have child arrangements order that states that the child lives with you, and you are taking them abroad for less than a month
- You have a special guardianship order that gives you the right to remove the child from the UK for up to three months
- You have an adoption order that gives you sole parental responsibility
If you do not have any of these orders, or if you are taking your children abroad for longer than the specified period, you need to get the written consent of the other parent or anyone else who has parental responsibility. This includes grandparents, stepparents, or other relatives who may have a legal role in the child's life. You should also inform them of your travel plans, such as where you are going, when you are leaving and returning, and how they can contact you and the child while you are away.
If you cannot get consent from the other parent or anyone else who has parental responsibility, you can apply to the court for permission to take your children abroad. This is called a specific issue order. You will need to show that taking your children abroad is in their best interests and that you have considered any potential risks or difficulties. The court will also consider the views of the other parent and the child (depending on their age and maturity). The court may grant or refuse permission, or impose conditions on your travel, such as requiring you to return by a certain date or to provide regular updates.
What If There Is a Risk of Abduction?
If there is a risk that the other parent or anyone else who has parental responsibility may try to abduct your child and take them abroad without your consent, you can take steps to prevent this from happening. You can:
- Keep your child's passport in a safe place and do not share it with anyone
- Inform your child's school, nursery, or childcare provider of the situation and ask them not to release your child to anyone without your permission
- Contact the police if you suspect that an abduction is imminent or has taken place
- Apply to the court for a prohibited steps order that prevents the other parent or anyone else who has parental responsibility from taking your child abroad without your consent
- Apply to the court for a port alert that alerts the authorities at airports, ports, and borders if someone tries to take your child out of the country
What If Your Child is Taken Abroad Without Your Consent?
If your child is taken abroad without your consent by someone who has parental responsibility, this may not be considered abduction under UK law, unless there is a court order in place that prohibits them from doing so. However, it may still be abduction under the law of the country where your child is taken. If this happens, you can:
- Contact the police and report your child as missing
- Contact Reunite International Child Abduction Centre for advice and support
- Contact the Foreign, Commonwealth & Development Office (FCDO) for consular assistance
- Contact a solicitor or a family law adviser who specialises in international child abduction cases
- Apply to the court for an order under the Hague Convention on the Civil Aspects of International Child Abduction or under the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (if applicable)
These conventions are international agreements that aim to secure the prompt return of children who have been wrongfully removed or retained across international borders. They apply to countries that have signed and ratified them. You can find a list of these countries on the Reunite website. If the country where your child is taken is not a signatory to these conventions, you may have to rely on the local laws and procedures of that country, which may be quite different from the UK.
How to Avoid Problems When Taking Children Abroad
The best way to avoid any problems when taking children abroad is to agree a set procedure beforehand. It makes sense during a divorce or the annulment of a civil partnership to establish how to keep relevant parties informed and avoid future misunderstandings.
For more information about all aspects of divorce and family law, speak to experienced solicitors at Howells. Call 02920 404014 or email info@howellslegal.com today.
