With February half-term just around the corner, many parents may be planning a holiday with their children.
However, if you are separated, it can be a difficult topic to navigate, in this article Trainee Solicitor Regan Cooke explains your rights and what you need to do…
If I have Parental Responsibility, do I need permission to take my child abroad?
Yes, you will usually require permission. If you have Parental Responsibility and are separated, you will often need to get the consent of the other parent before taking your child abroad. However, this can vary if there is a Child Arrangement Order in place.
For more information on Parental Responsibility, you can read our full article here.
What If there is a Child Arrangements Order currently in place?
If your child is below the age of 16 years old, and there is a Child Arrangements Order in place, confirming that you are the parent who your child lives with, then you may be able to take them abroad for up to 28 days.
This means you can take them abroad without permission unless the order states otherwise.
However, it is important that the proposed trip abroad does not breach the terms of any order that is currently in place regarding the child spending time with the other parent.
You can read more about Child Arrangement Orders in our dedicated article.
What if I want to take my child abroad for more than 28 days?
If you want to take your child abroad for over 28 days, then you must obtain the permission from the other party with Parental Responsibility.
Do I need permission take my child abroad if there is not a Child Arrangements Order in place?
Yes, if there is no current Child Arrangements Order in place that sets out who the child lives with, and if you or the other party have Parental Responsibility, then you will require permission to take your child abroad.
If you do not have the permission of everyone with Parental Responsibility, and you are unable to obtain that permission, then you would need to make an application to the court for a Specific Issue Order allowing you to take your child abroad.
You can read our previous article on Specific Issues Orders here.
If I have a Special Guardianship Order how long can I take my child abroad for?
When a Special Guardianship Order is in force, a Special Guardian may take the child abroad for up to three months without the consent of any other person with Parental Responsibility.
Do I need permission in writing to take my child abroad?
If the other person with Parental Responsibility does agree for you to take your child abroad, it is recommended that you obtain a written note confirming your agreement. This note should include:
- The child’s full name
- Your full name and details of the other party with PR
- Travel details (dates/destinations)
- Names and passport numbers of any accompanying adults
- Signatures of both parents granting permission
What happens if you take a child abroad without consent or a court order?
If you take your child abroad without consent of the other parent, you risk committing the offence of child abduction (Child Abduction Act 1984). This could lead to criminal charges, potentially resulting in a,
- Prison Sentence
- Fine
- Or both
The maximum penalty for abduction by a parent or guardian is 7 years’ imprisonment. You may also be declined entry into your destination country without consent evidence.
Can I take my child on holiday within the UK without permission?
You are not required to obtain consent from those with Parental Responsibility if you are planning to travel within the UK. Unless the trip falls outside of the already agreed contact arrangement.
The criminal offence of child abduction refers to the taking or sending of a child outside of the UK without appropriate consent.
What can you do if the other parent doesn’t give permission?
If the other parent does not give permission, the first step would be to try and find a way to reach an agreement with the other parent.
If direct discussion does not work, you can also attempt mediation, where a trained mediator will try to assist you in achieving an arrangement that works for both you and your children.
Find out more about our mediation services here and get in touch with one of our Family Mediators on 01202 499255.
Can I get a court order allowing me to take my child abroad?
If the other parent with Parental Responsibility continues to dispute the permission, you will need to obtain an order from the court allowing you to take the child abroad (Children Act 1989).
You would need to make an application to the Court providing details of the following:
- The trip destination
- Date of departure and return
- Contact details of people with Parental Responsibility staying in the UK
The current administration fee that the Court charge for applying for a Specific Issue Order is £263.00.
What do I need to be able to demonstrate to the Courts to take my child abroad?
You will need to be able to demonstrate that the trip abroad is in your child’s best interests. Provided you can confirm all the specific travel details above, the Court is unlikely to decline permission for your child to go on holiday.
If you are taking your child abroad for an extended period, you must provide further information such as if/where the child will be undertaking education whilst abroad.
Do grandparents need permission to take their grandchild abroad?
Yes, other family members, such as grandparents, need to seek permission from everyone with Parental Responsibility before being able to take their grandchild abroad. The consent of one party alone is not adequate. Again, proof of agreement should be provided prior to travel.
If a family member without Parental Responsibility takes a child abroad without the consent of everyone with PR, they may also face prosecution under the Child Abduction Act 1984.
Can I stop my ex from taking my child abroad to live?
If you have Parental Responsibility, you have the legal right to object to your ex taking your child abroad to live if you do not believe this would be in the best interests of your child. For example, if you have serious concerns about the safety of the country due to health risks, or if you believe their education would be severely disrupted.
When it comes to key decisions such as moving a child abroad to live, everyone with Parental Responsibility must agree to this in writing.
If you do not agree with your ex’s proposal, you can apply to the Court for a Specific Issue Order, and a decision will be made as to what is in your child’s best interests.
Specialist Family Law Experts
If you have any questions following this article, please do not hesitate to get in touch with our designated family team.
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