Every year our family law solicitors are approached by separated or divorced parents asking what the legal process is for taking their child on holiday and whether they need consent from the other parent.
In this blog, our solicitors explain when and why is consent needed:
Firstly, let’s start with when you might be able to take your child abroad without consent. If a child arrangement order says the child must live with you, then you can take a child abroad for 28 days without getting consent from the other parent with parental responsibility.
However, even in this case, our solicitors would always advise you to notify the other parent or guardian.
If there is no child arrangements order or any other order from the Court granting you permission, then you must get the permission of anyone else with parental responsibility before you take the child abroad.
Where both parents have parental responsibility, neither can take the children abroad without the permission of the other parent.
How can I get consent to take my child abroad?
To get consent from the other parent or person with parental responsibility, we suggest a written letter of consent. Although a letter isn’t strictly necessary, it is always recommended so it can be used to show you’ve got permission to take your child on holidays abroad.
The letter should include contact details and if possible, details about your trip such as departure and return dates, and your relationship with the child. This written permission can be required while travelling at the UK or a foreign border control.
What if I can’t get permission from the other person with parental responsibility?
If you are having issues with getting a letter of permission please get in touch with our family law team as soon as possible, especially if you have holidays planned for the summer months.
When permission is not given by the other parent or person with parental responsibility, then you will need to apply to a court for permission to take your child abroad.
Failing to obtain permission can be considered child abduction, so it’s essential to comply with the requirements. Our family law solicitors can make sure that all necessary procedures are followed and give you advice on your specific circumstances. Use our online contact form to get in touch or call DMA Law Link on 01325 482299 for an initial free discussion.
