With the school summer holidays fast approaching, many people will be preparing to go abroad for a family holiday. In addition to packing bags and checking passports, it is important to ensure that you have the necessary permission in place to take your child out of the jurisdiction of England and Wales.
Everyone with Parental Responsibility for a child should consent to the child travelling abroad. The people with Parental Responsibility for a child will usually be the mother, the father (as long as he is named on the birth certificate or the parents were married when the child was born), or anyone with a Court Order saying that the child should live with them. This applies whether the parents are separated or still together.
There are limited exceptions to the requirement to have consent to take a child abroad. Where there is a Court Order specifically stating that someone may take a child aboard, consent of the other parent is not required. A child may also be taken abroad for up to a month by someone with a Child Arrangements Order stating that the child is to live with them. However, it is still best practice to have the consent of the other parent.
If you are planning to take your child abroad and the other parent will not consent, it may be possible to apply to Court for a Specific Issues Order granting permission. However, this is likely to be expensive and time consuming. Seeking legal advice can help to avoid an application being made to Court.
If the child’s other parent has consented, it may still be valuable to speak to a solicitor who can draw up a document confirming that you have the necessary permission to take the child abroad.
Taking a child abroad without the proper consent is Child Abduction, so speaking to a solicitor to ensure that everything is in order may provide invaluable peace of mind.
If you would like to seek advice, please get in touch with me, Rebecca Curran here , email me directly rcurran@se-solicitors.co.uk or call me on 01295 204055.
