Do I Need Permission from the Other Parent to Take My Child Abroad?

The simple answer is that it depends on who has parental responsibility for the child. Parental responsibility refers to the legal duties, responsibilities and powers that parents have towards their children and is automatically given to the mother of the child, regardless of her marital status.

A father will only have parental responsibility if:

• He was married to the mother when the child was born
• He is listed on the child’s birth certificate
• A Parental Responsibility Order has been granted by the court, or
• The father has a Parental Responsibility Agreement with the mother

If the other parent does not have parental responsibility, no consent is needed to take the child abroad. However, if both parents have parental responsibility and there is no Child Arrangements Order in place, both parents must consent to take the child abroad. 

What if there is a Child Arrangements Order in Place?

A Child Arrangements Order is a legal order issued by the court in family law cases that determines where a child will live, when they will spend time with each parent, and other aspects of their care and upbringing.

If there is a Child Arrangements Order in place which states that the child is to live with a parent, then that parent can take the child out of the country for up to 28 days without having to obtain the other parent’s permission, granted under the Children Act 1989. However, the holiday abroad must not breach the terms of any order in place regarding the child spending time with the other parent. 

If a parent is not named on the child arrangement order, then they must acquire written permission from the other parent who holds parental responsibility that they can take the child abroad.

How Do I Get Consent From the Other Parent?

Just like all aspects of co-parenting, getting consent from the other parent to take your child abroad involves effective communication. Here are some tips to successfully obtain the other parent’s permission:

• Inform the Other Parent Well in Advance – Inform the other parent about the trip at the earliest possible opportunity, to allow them enough time to consider the proposal and make an informed decision.
• Provide All the Details – Ensure you provide them with all the necessary information about the holiday to reassure them and alleviate any concerns they may have. This would include where you’re travelling to, which dates you’re going, accommodation arrangements and who else you’ll be travelling with.
• Share Contact Details – Be sure to provide your contact information and the day-to-day itinerary so the other parent can reach you and the child in case of emergencies.
• Put It in Writing – If and when the other parent agrees to the holiday abroad, ask for their consent in writing. This can be in the form of a letter or email stating that they give permission for their child to travel abroad with you on the specified dates. You must take this letter with you when you travel. 

You should also carry your child’s birth certificate with you while you travel, and a marriage certificate or decree absolute if your surname is different from the child’s. Having these documents on you will ensure a smooth border security process.

What if the Other Parent Doesn’t Agree to Consent?

While most parents can obtain consent themselves via good communication and negotiation, in some cases, a family solicitor is necessary. They can help you understand your rights and legal options and assist you in navigating any legal issues you might encounter.

If the other parent still refuses to provide consent, you may need to apply to the court for a Specific Issue Order to allow you to take the child abroad. The court will consider the child’s best interests when making a decision. Should a court application be necessary, you must leave enough time to resolve these issues before the holiday for the Court to deal with the matter.

The Result of Taking a Child Abroad Without Consent 

If you fail to follow the correct procedure and you attempt to take your child abroad without permission of the other parent, you could face criminal charges for parental child abduction. 

You might also find yourself refused entry to your holiday country if you don’t have the right documents with you. This is why it’s essential that you have a letter of consent ready to show border control. 

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We hope this article has provided you with a clearer understanding of the legal obligations when it comes to taking your child abroad. 

If you need the help of a family lawyer, our expert team of solicitors are on hand to walk you through the necessary steps. 

Get in touch with a member of the team today to discuss your situation and to find out whether a claim can be made.