Happy Holidays
What does every parent need to know if they’re taking their children abroad for Christmas?
The Christmas holidays are fast approaching and for some lucky people that may mean travelling abroad. But if you are separated from your child’s other parent, this can bring issues which need to be addressed with your former partner long before you head off for the ski slopes or the beach. What do you need to consider?
If a parent has the benefit of a court order, usually a Child Arrangements Order “Live With” (formerly a Residence Order) then a child can be taken abroad by that parent for up to a month without needing the written consent of the other parent.
If there is not a court order in place, then consider: do you have parental responsibility? Even if both parents share parental responsibility, then you will still need to get written consent from the other parent in order to take your child out of the United Kingdom (Section 13 (2) of the Children Act 1989). Failing to do so could lead to you committing an offence of abduction for which you can be fined, imprisoned or both. Yes, it’s that serious, in addition to which you may have paid a lot of money to travel, only to find yourself either prevented from leaving the UK, or prevented from entering the country you intended to visit.
Should consent by the other parent be unreasonably withheld, then an application to Court can be made. The Judge will consider the individual circumstances of each family, and if permission is given, which it often is, then specific travel details – dates of travel, address details for where the child will be staying, flight numbers and so on – must be provided if made a condition of travel.
The Court rarely denies permission to take a child on a holiday abroad where there is an existing relationship between the parent and child, and the plans are reasonable in all of the circumstances, for example to an ordinary holiday destination. However, the court can deny permission: the visit might be to a country where there is an identified security risk, or the UK Government Home Office has given advice and restrictions to travel, or the Court deems the child may be at risk of abduction and thus not returned after the holiday.
All Children Act 1989 cases are determined in accordance with what the court considers the child’s best interests. In travel cases, it’s usually clear which of the proposed arrangements are, and are not.
Parental responsibility
If only the mother has parental responsibility (PR), she will have it in any event, and again there are no Court Orders in place, then permission is not necessarily needed to take a child abroad on holiday. That being said, and with your child’s best interests at heart, consultation should always take place with the other parent (if they are in regular contact with the child) in order to reach an agreement that is right for everyone.
It is increasingly rare for a father not to have PR and that would only include those that were not married to the mother, and have not been name on a child’s birth certificate. As a father without PR, should you not agree to your child being taken abroad, you may apply to the Court for a Parental Responsibility Order, if you cannot agree it the mother, and potentially obtain a Prohibited Steps Order to prevent the trip. But we would counsel you to think carefully before you do so – be reasonable in all things if you can and you will need good reasons if you are to persuade the court a trip should not take place.
What if my children’s grandparents want to take them abroad on holiday?
Should other members of the family, such as a grandparent, wish to take a child abroad, then it is worth noting that permission will be needed from both parents who have parental responsibility, and not just from one. Again, it’s really helpful if you can maintain good relationships with everyone in your extended family, but if that isn’t the case, then we recommend getting good legal advice well in advance of any proposed trip and check with your travel company what information or documents may be required to confirm the consent, for the country you are travelling to. Not all are the same!
What if my child has a surname different from my own?
You also need to be aware that customs officers may insist on extra checks where a child is travelling with somebody who has a surname different from their own. In these circumstances, and in order to avoid any hold-ups, it’s best to take additional documents to the airport with you which can help to verify your child’s connection to you, such as a certified copy of the child’s birth certificate (which may provide the details of both parents’ surnames) and/or your marriage certificate if relevant (which will show the surnames before the marriage), any existing court order and so on. Better to be safe than sorry.
Ultimately, what is important is communication, and agreeing any travel arrangements between you and the other parent in advance. Of course, we understand that this is not always possible, but if it can be achieved it will avoid any unpleasantness, not to mention the potential need to make an application to the court. It is the season of goodwill after all. If the parents can work together, it may mean the difference between an ordinary, and a very happy, Christmas, especially for your child!
