If you have shared parental responsibility for a child then normally you would require the other parent’s consent to travel abroad with that child and this would need to be sorted prior to booking your flights. Travelling abroad with children without the other parent’s consent can lead to serious problems and can even be classified as child abduction under UK law. The following explains who needs to agree and when an exception may apply plus what a consent letter should contain.
Who Holds Parental Responsibility
The mother of a child automatically has parental responsibility from birth, regardless of whether she is married to the father or not. Similarly, the father of a child automatically has parental responsibility from birth if he and the mother were married at the time of the child’s birth. Where parents are not married, a father can acquire parental responsibility by being named on the birth certificate of the child (where the child was registered after 15 December 2003) or by agreeing with the mother of the child a parental responsibility agreement.
Why Permission Matters So Much
Can I take my child abroad without other parents permission? The question of short term leave abroad and consent from other people with parental responsibility is a complex one and generally, yes you need the consent of all people with parental responsibility for a child for permanent removal from the UK, even for a short term leave such as a holiday. Removal of a child from the UK without the consent of all people with parental responsibility for that child could amount to child abduction under the Child Abduction Act.
The 28-Day Rule And Who It Covers
Most cases where children travel abroad are covered by the child’s arrangements order. If you are the parent with whom the child lives in accordance with a Child Arrangements Order then in most cases you can take the child abroad for up to 28 days and the other party will have no power to stop you provided that order has been made and it states that you have permission to do so.
What A Consent Letter Should Say
A simple consent letter should include the following information: Full name and contact details of other parent(s) to child, Full name and date of birth of child, Proposed travel dates, Proposed destination, Details of where child will be staying. A simple dated letter which includes this information is usually accepted as proof of consent by border staff and airline check-in staff. Keep a copy of the letter (both paper and digital) with you for the duration of your trip.
Carrying Proof If Surnames Differ
You will need to carry evidence of your relationship to your child if they have a different surname to yourself, e.g. due to marriage, divorce, or even if parents have never been married. Evidence that proves your relationship to the child would be a birth certificate, adoption certificate, marriage certificate and a decree absolute for married parents.
Packing The Right Paperwork
In addition to obtaining the other parent’s consent in writing and providing proof of your relationship to the child, it’s also wise to check your passport is valid for your travel, check if you require any visas for your travel and obtain the best travel insurance for your needs prior to booking your trip. For other advice on travelling as a deaf traveller, see our post on travel tips for deaf travellers.
No Agreement? Apply To Court
If the other parent refuses permission for you to take your child abroad or you cannot get hold of the other parent and the application has to be made urgently, then an application can be made to the family court for a Specific Issue Order. The application would outline the dates, destination, proposed accommodation and return travel arrangements. can i take my child abroad without other parents permission is covered in more detail at https://travelsnews.co.uk/tips/the-five-travel-tips-that-assume-you-can-hear/.
When Separation Gets Complicated
These issues may also arise in relation to broader issues surrounding a person’s separation from a partner, for example, child care arrangements, the shared home and/or a business they both own and run. However, issues surrounding travel abroad with children are quite separate from these and are dealt with in this article.
A Quick Decision Framework
Before you book anything, work through this:
1. Do you need permission from the other parent? The permission of everyone with parental responsibility for a child is required to remove a child from the UK.
Are you covered by the 28 day rule? No – this only applies if you are a parent with whom a Child Arrangements Order says a child is to live.
A consent letter must include the other parent’s full name and contact details, plus the child’s full name and date of birth. You must also detail the proposed travel, including the dates, destination and where you will be staying.
Child has different surname to you? Bring proof of relationship to that child.
None of the above? Apply to court.
It’s better to sort this out before you book your trip rather than risking finding out at the check-in desk that you aren’t allowed to take your child abroad.
