With schools breaking up for summer holidays this month, many of us will be thinking it’s the perfect time to get some international sun with our kids. However, after divorce or separation, taking children abroad can be legally complex, especially if both you and your ex-partner both have parental responsibility.
In the below article, we will explain what you need to do to take your child(ren) abroad for a holiday this summer.
Who has parental responsibility?
The first consideration is whether you and your partner both have parental responsibility. Parental responsibility is ‘all the rights, duties, powers, responsibilities, and authority that by law a parent of a child has in relation to the child and his property’. Essentially, it is the legal right to make decisions about your child’s upbringing and includes a broad range of areas such as education, health, and where they live.
You will automatically have parental responsibility for a child at birth if you are one of the following:
- The biological mother of a child
- If a mother and father are married to each other at the time of the child’s birth
- A parent by s42 or s43 of the Human Fertilisation and Embryology Act 2008 if the second female is in a civil partnership or married at the time of treatment or the mother has agreed for the second female to have parental responsibility
A father can gain parental responsibility for a child if:
- He marries the mother of his child
- His name is placed on the birth certificate when the baby’s birth is registered
- He enters into a parental responsibility agreement with the mother
- He applies to the court for a parental responsibility order
If you are the only parent with parental responsibility for your child and there are no orders put in place by the court, you are able to travel abroad with your child or children without seeking permission from your ex-partner.
What if both of you have parental responsibility?
If you and your ex-partner both have parental responsibility, you can still take your child abroad on holiday after divorce or separation, but you will need to obtain permission. This can be in the form of a written letter by your ex-partner, a signed consent form or a court order.
If you do not gain permission from the other person with parental responsibility nor a court order which allows you to take your child(ren) abroad, your actions may be classed as child abduction. It may also affect your reputation and standing in any future court proceedings relating to your child or children.
What if you have a child arrangement order?
If the court has issued you with a child arrangement order which states that the child or children must live with you, then you can take them abroad for up to 28 days without seeking the consent of your ex-partner.
What if your ex-partner refuses to give permission for you to take your child abroad?
If your ex-partner refuses to sign a document, whether a letter or consent form, allowing you to take the child(ren) abroad, you can apply to the court for a Specific Issue Order. This is also known as a section 8 order, and is an order made by the family court to resolve disputes regarding a child’s upbringing in cases where those with parental responsibility cannot agree. The court will then make the decision of whether it is in the interests of the child to travel abroad.
It is advisable to seek legal guidance when making an application for a specific issue order to help strengthen your case for taking your child abroad. To learn more about specific issue orders in general, click here.
What documents are required when travelling abroad with your child?
You will need to take the written consent from the other person with parental responsibility or a copy of any relevant court order with you. This could be a child arrangement order showing that the child(ren) lives with you or a Specific Issue Order, showing the court’s permission to take them abroad. if you have a different surname to your child or children, a birth certificate copy may also be useful.
How AFG Law can help
If you are in the process of separating, or divorced, and wishing to take your child(ren) abroad on holiday, you can reach out to the expert, compassionate family team at AFG Law who will guide you through the process, including non-court options, and what actions you need to take.
If you have any further questions regarding divorce or children on separation, or if you require legal advice on taking children abroad after divorce or separation, please call 01204 377600 to speak with AFG Law’s expert family team who can support you in all aspects of family law. Alternatively, you can email one of the team members at familysolicitor@afglaw.co.uk.
AFG Law have multiple offices with family solicitors in Manchester, including Stockport, Bolton and Bury. We can also assist clients remotely.