Taking children abroad – do you require the other parent’s permission?

Making plans for a foreign holiday with children can be difficult following a divorce or separation and new issues may arise – such as do I require the other parent’s permission?

Where both parents have Parental Responsibility, and there are no existing Court Orders in place in relation to the arrangements for the children, then neither parent is permitted to take a child abroad without the other parent’s written consent. To do so risks committing the offence of ‘child abduction’ – which is a criminal offence. It is important to be aware that ‘abroad’ constitutes anywhere outside of England and Wales.

Where the Court has previously been involved with regards to the arrangements for the children, then the position may be different and the other parent’s written consent may not be required. For example, if you have a Court Order stipulating that your child is to live with you (often referred to as a “Lives With” Child Arrangements Order), then you are permitted to take your child abroad for up to 28 days without the written consent of the other parent.

Whilst the other parent’s consent may not be required, it is responsible parenting to consult with the other parent regarding the trip and to seek their consent in any event. It can also be helpful to provide details confirming where the child will be staying, the date of departure and return, as well as the flight details and any key contact numbers. By providing the above information and seeking to agree the arrangements well in advance for the trip, this can help to avoid misunderstandings and unnecessary court applications being made. It is also advisable to get a letter from the other parent confirming their written agreement to you taking your child out of the country, which you can then show to the airport authorities.

For parents who are not separated, but who intend to travel alone with their children, the issue of permission is still relevant. Certain countries have very strict entry rules regarding evidence of parental permission – for example South Africa and Norway. It is therefore important to check the entry requirements for the country that you intend to visit well in advance, and to ensure that you have the appropriate documentation in place prior to travelling. This will help to prevent any difficulties at immigration upon arrival. Even if the holiday destination does not have strict entry requirements, a letter from the other parent as set out above will be of assistance.

What if the other parent does not consent to the holiday?

If consent is refused, and there is not an existing Child Arrangements Order in place, then an application for permission will need to be made to the Court.

It should be stressed that a parent must have a good reason for refusing permission, such as concerns that the child will not be safe whilst on holiday, or that they might be at risk of abduction (i.e. taken abroad and not returned). Hostility between parents is not a good enough reason to refuse permission.

In the normal course of events, permission for a child to go on holiday is invariably given by the Court. This is of course subject to the travelling parent demonstrating that suitable travel arrangements have been made, and that the host country is a safe and appropriate destination for a holiday.

For grandparents, or indeed any other family members who wish to take a child abroad, permission will be required from both parents who have parental responsibility for the child – permission from one parent is not sufficient.

If you have any questions about anything that’s been discussed in this video, then please do feel free to contact a member of the Birketts Family Team for further information.