If you share custody of a child, various difficult questions may arise about the relevant permissions and consent if one parent wishes to take the child overseas.
With more half terms looming and Christmas decorations already appearing in the shops, your thoughts may already be turning to the holidays once more.
Where do I stand legally?
If a child is taken out of England and Wales without permission of all parties with parental responsibility or without a court order, you could be committing an offence. If parental responsibility is in doubt, it is recommended to obtain advice from a family solicitor for clarification. You are entitled to take children abroad for as much as 28 days without receiving permission; that is if a Child Arrangement Order is in place stating the child in question must live with you, unless a separate court order states otherwise. Child Arrangement Orders might state that the child may live with both parents and set out specific periods for when the child must live with each. In these cases, permission to take the child abroad is not required if they are being taken by the parent during that parent’s designated ‘living time’.
Can one parent take a child out of the country without permission in the UK?
Whilst it may be smoother to obtain consent before going on holiday, it is not always possible. If you can’t obtain consent, you will need to apply to the court for permission and provide details of the trip, including the dates of departure and return, means of travel and emergency contact details of all other people with parental responsibility.
Do you need written consent to take a child abroad?
It is not strictly a legal requirement for written consent to be obtained, but it is easier to prove that you have it when it is in writing. You could be asked to show a letter at a foreign or UK border to prove you have obtained consent. Other useful documents to take with you include evidence that you are the child’s parent, such as a birth or adoption certificate and, if you are a single parent and your child’s name is different to your own, a divorce or marriage certificate.
What if the other parent will not give their permission?
If there is no Child Arrangement Order, you can approach a family solicitor for legal advice. Mediation can prove a helpful process for reaching an agreement between both parties to allow the holiday to take place. You can help by providing information to the other parent as soon as possible, such as holiday dates, destination and accommodation details.
You may apply to the court for a Specific Issue Order, which will grant legal permission for the child to leave the country without the consent of the other parent. However, this is costly and should only be considered if other avenues have already been explored. The court will make a decision based on the child’s best interests.
Contact us today
At Bennett Smith, we provide a highly personal approach to our client care. For more information on how we can help with family law in North Wales, please speak to a member of our team today.
