The only instance where this is possible is if there is a Child Arrangements Order in place which provides that the child is to live with you. In this case, you are able to take the child abroad for a period of up to 28 days without the need to obtain any further consent.
If not, you are unable to travel abroad with your child without obtaining consent from each individual who has parental responsibility for the child.
What is parental responsibility?
Parental responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority that a parent has in relation to a child.’ A birth mother automatically has parental responsibility for a child. A father has parental responsibility if they are named on the child’s birth certificate or had been married to the child’s mother at the time they were born. Alternatively, you can obtain parental responsibility for a child by entering into a ‘Parental Responsibility Agreement’ with the child’s mother or obtaining an order from the court.
What level of consent is required?
In most cases, a signed letter of consent from those who have parental responsibility will suffice. You should have this available to show at both Foreign and UK borders should it be requested. You should ensure that this letter includes any details of your trip and the contact details of the consenting individuals. It may also be useful for you to produce evidence of your relationship to the child e.g., birth certificate or adoption certificate. Additionally, if you do not share the same surname as your child, you may also need to provide a divorce/marriage certificate or change of name deed.
If consent cannot be achieved voluntarily, it may be necessary to apply for the Court’s permission by making an application for a Specific Issue Order on the basis that consent has been unreasonably refused. You must provide the Court with your date of departure, where you are planning to stay, when and how you will be returning home, and contact details of the people with parental responsibility who are staying in the UK. The Court will then have to decide whether they view the holiday as being in the best interests of the child. Unless there is a risk that the child may not be returned, or there is a significant negative impact on the objecting party’s contact with the child, it is likely that the Court will conclude that a holiday is beneficial to the child’s well-being.
“It is important to be aware that if you do decide to take your child abroad without the required consent, you could potentially face both civil and criminal consequences and may even be prosecuted for child abduction. It is therefore essential that you obtain the necessary legal advice before planning any holidays to allow sufficient time to resolve any issues that may arise.”
Heidi Kavanagh – Paralegal at Sinclair Law.
Contact Us
If you need advice about taking your children abroad contact one of our family law experts today. Our skilled team are able to provide guidance and assistance in this area.
Contact us today to request a free 30-minute case review.