Separated parents and the rules about taking children abroad
As the holiday season approaches, a frequent question family solicitors get asked is “can I take my child abroad if my ex doesn’t consent?”. Assuming that both parties have parental responsibility for the child, the answer is usually “no”. Parental responsibility is defined as the rights, duties, powers, responsibilities and authority that a parent has by law in relation to a child. Generally, mother’s automatically obtain parental responsibility on the birth of the child, whereas father’s may acquire it, usually by being married to the mother or by being registered on the child’s birth certificate. Parental responsibility can also be acquired via a Court Order or Parental Responsibility Agreement.
If there is a Child Arrangements Order stating that a child “lives with” one parent, that parent can take the child abroad to up to one moth without the other parent’s consent. If there is not a Court Order in place, then the parent wishing to take the child abroad must seek consent from everyone who has parental responsibility for the child.
If both parents consent, then the parent wishing to take the child abroad will need to obtain a letter of consent from the other party, which should include full details of the child, both parents and the travel and accommodation plans. Some countries will require the letter to be certified or notarised and so to prevent any issues with immigration, it is advisable to do this.
Where there is no existing Child Arrangements Order, or the consent of both parties, the parent wishing to take the child abroad may need to apply for a Specific Issue Order from the Court. This is an application seeking the permission of the Court to take the child abroad. The Court will then need to decide whether the proposed trip is in the child’s best interest. In making the decision, the Court will consider things such as the purpose and duration of the trip, whether it will interfere with the child’s education or relationship with the other parent, and whether there are any potential risks or concerns.
If a parent wishes to prevent the child travelling abroad with the other parent, then they will need to consider applying to Court for a Prohibited Steps Order, which is a legal injunction issued by the Court to prevent a parent with parental responsibility from making certain decisions or taking specific actions regarding a child without the Court’s permission. In deciding whether to make a Prohibited Steps Order in cases involving international travel with a child, the Court will weigh the benefits of the trip against potential risks to the child’s welfare.
It is always better to try and reach an agreement with the other parent regarding the arrangements surrounding the children however, if you are unable to then one of our family specialists in the team can help. If you require assistance please contact Chloe Langdon or Emma Rothstein for further information.