Summer holidays are an opportunity to create memories that are cherished for decades. They are an opportunity to share experiences with your children, and for many that means holidaying abroad. However, if you’re divorced or separated from your child’s parent there are some legal considerations to consider before planning your trip.
What most parents don’t realise is that you will need the other parent’s written consent (and the written consent of anyone else who has parental responsibility) before taking your child out of the country or a Court Order allowing you to do so. Without one of those things, you could be committing a criminal offence and may even be considered to have abducted the child.
If the Court has made a Child Arrangements Order which says the child is to live with you then you are technically permitted to take the child abroad without the further consent of the other parent and others with parental responsibility for less than 28 days. You should always carefully check the terms of the order and seek legal advice if you are unsure. It is worth noting that even if there is a Court Order allowing you to take the child out of the country, the other parent and others with parental responsibility should be consulted prior to any plans being made.
What form should consent take?
Verbal consent is not enough. Usually, a letter of consent from the person or persons with parental responsibility will be enough to present at the port you are travelling from. However, you should always check the specific requirements of the border agency of the country you are planning on travelling to as some will require a sworn affidavit, notarised letter of consent or other legal documentation. If that is the case, you should seek legal advice on this point as soon as possible.
A letter of consent to travel should contain as much information as possible about the trip and should be signed by all those with parental responsibility. Within a letter of consent, you should include:
- Child’s Full Name and Date of Birth: Identify the child who will be travelling.
- Travel Details: Include the destination, dates of travel, and accommodation information.
- Accompanying Adult’s Information: Provide the name, relationship to the child, and contact details of the adult who is travelling with the child.
- Parental Information: Include the names, contact information, and, crucially, signatures of everyone with parental responsibility.
- Emergency Contact: An additional contact person in case of emergencies.
- Details of any Court Orders: brief details of any Orders permitting you to travel abroad with the child.
- Notarisation: In some cases, the form may need to be notarised to be legally binding; it’s best to check this in advance.
You should also think about carrying the following:
- Evidence of your relationship to the child: this could be their birth certificate or your marriage certificate or final order of divorce, this is especially important if the child has a different surname from you
- A copy of the Court Order: a certified copy of any Court Order permitting you to travel with the child
What can I do if the other person refuses to give consent
If consent is refused, the first step would be to discuss the issues at hand and try to reach an agreement. Mediation is a highly effective method of dispute resolution. If the other person is refusing to give consent because it will impact on the time they are meant to spend with the child see if you can reach some other arrangement – you could suggest additional telephone calls and video calls if possible. You could perhaps “trade” some additional contact time either before or after the holiday. Try gently to remind the other person of the benefit which the trip will offer the child and help them to see the advantages rather than as something which will take away their time with the child.
If an agreement still cannot be reached, you can make an application to the court to ask for a special permission for the trip, known as a Specific Issue Order. It is important to note that this can be costly and can take a long time. It can also result in the other person making applications themselves and asking the court to grant other orders relating to the child, such as a Prohibited Steps Order or a Child Arrangements Order. If you really can’t obtain consent, take legal advice on your specific circumstances and make sure you apply to the court plenty of time in advance.
Parental consent is crucial step when planning to travel abroad with your child in any situation where the other parent or persons with parental responsibility are not accompanying you. Parental consent helps to protect the child and provide both parents with peace of mind. It confirms that everyone with parental responsibility has full knowledge of the holiday and agrees to the arrangements.
It is best to check all the requirements for your specific plans and destination ahead of time so that your holiday is an enjoyable, stress-free experience. It can help to avoid any legal complications that could delay your trip. If you require further advice in relation to taking your children abroad, please get in touch with our expert family solicitors.