Parents have been warned they may need specific documents, and special permission, to travel with their children this summer. Family lawyer Aliya Abid at Witan Solicitors has explained the rules around going away on holiday with your children as a divorced or separated parent.
Consent Required from All with Parental Responsibility
Aliya said: “Unless you are named in a Child Arrangements Order as a person with whom the child lives, or another exception applies, you will generally need the consent of everyone with parental responsibility before taking a child abroad. Without it, the trip could be classed as child abduction, the penalties for which are up to 7 years in prison, unlimited fines, and severe disadvantages in any future family court custody proceedings.”
“To avoid any complications if questioned, it’s a good idea to bring a signed letter confirming the non-travelling parent’s consent to the trip, their contact details, and their knowledge of all activities and plans while you’re abroad. If you can’t provide this information, you could be turned away at customs.”
Understanding Parental Responsibility
Aliyah said parental responsibility means a person has legal rights for a child’s upbringing, and you need the consent of all people with parental responsibility. She said: "Parental responsibility is not always as straightforward as people expect. A mother automatically has parental responsibility from birth. A father automatically has parental responsibility if he is married to the mother at the time of the child’s birth."
"An unmarried father will usually have parental responsibility if he is named on the child’s birth certificate (for births registered after the relevant legislative changes), or if parental responsibility has been acquired by agreement or court order."
“Others may also have parental responsibility in certain circumstances, for example, through a court order or agreement. For divorced or separated parents planning to take a child abroad, it is sensible to confirm who holds parental responsibility before making travel arrangements.”
Court Permission If Consent Is Denied
Aliyah said if you’ve not gained consent from the other parent, you will need to apply for a court’s permission to travel. The other parent will be able to explain any objections they have to a judge, who will then determine what is in the child’s best interests.
Documents Needed at the Airport
Aliyah explained what documents you need to take to the airport. She said: “Ideally, you should have your signed consent letter from the non-travelling parent. And if your surname differs from your child's, your child’s birth certificate, a marriage certificate, or proof of divorce should be brought to explain this, as different surnames may be questioned at security.”
“Always check entry and exit requirements for the country you are travelling to in advance, as each country has its own rules and regulations for travelling as a single parent. Some countries require consent forms to be stamped by a solicitor, too, so keep this in mind when compiling your documents.”
Final Advice for a Smooth Trip
She added: “Travelling with your child is a way to create memories you will never forget; however, to avoid complications while travelling and to make the experience as straightforward as possible, it is your responsibility as a parent to ensure that your trip is legal and fully agreed to by the non-travelling parent. Every year, we see cases where a simple lack of preparation causes genuine problems at the border. To avoid this, a few simple steps taken before you travel can be the difference between an easy departure and a cancelled holiday this summer.”
