Travelling with your child after separation- the do’s and don’ts
12th January 2024
The New Year is upon us, and you may be dreaming of your summer holiday escape. Don’t book anything until you have read this practical article by our Family Team about your rights and the do’s and don’ts of taking your child abroad after separation or divorce.
Do: Act early
If you are a separated parent and plan to take your child abroad this year then you should speak with the other parent before you book the holiday . Firstly, to ensure that your proposed dates can be agreed, and secondly, because you need the permission of anyone with parental responsibility to take your child out of the country. This normally means the permission of the other parent but there may be other people with parental responsibility depending on your personal situation.
Don’t: Travel without permission
Biological mothers automatically have parental responsibility for their children as do married biological fathers even if the marriage took place after the birth of the child. Since December 2003, an unmarried father also has parental responsibility if they are named on the birth certificate . Unmarried fathers of children born before then need either a parental responsibility agreement or a parental responsibility order to acquire parental responsibility and have a say.
If you travel outside the UK without the permission of anyone with parental responsibility, you will technically be committing child abduction. The exception is if there is a child arrangements order ( court order) in place confirming that the child lives with you. This order permits you to travel abroad for up to 28 days without the other parent’s permission provided that it does not interfere with the other parent’s normal time with the child.
Do: share details of your holiday
It is also helpful to tell the other parent where you are planning to go with your child. You should provide the other parent with details of the holiday, including flight times and flight number, details of where you are staying and emergency contact details. You should also check with the embassy of the country you are travelling to in order to make sure that they do not have any specific travel requirements that you need to comply with. For example, South Africa has very strict travel requirements if both parents are not accompanying the child.
Don’t rush into court action: consider mediation in case of disagreement
If the other parent is not in agreement with the proposed trip, then you should consider attending mediation with the other parent. Mediation can help you iron out any issues in a supported and non-confrontational way. Our Suzy Hamshaw is a trained mediator and expert at resolving these kind of disputes: Suzy Hamshaw – Gardner Leader – Partner (gardner-leader.co.uk).
Do: consider court action as a last resort
If the other parent is still not willing to provide their consent for the holiday then you can make an application to the court for permission to take your child on holiday. The court will consider whether the holiday is in your child’s best interests and will also look at the proposed holiday destination, the length of the holiday and who will be travelling with you.
So if you are planning a holiday abroad this year, it really is vital to make sure that you give the other parent as much notice as possible, and ask them to confirm their agreement in writing before you book. The more information you can provide the other parent with the better.
Holidays in the UK
If you are planning to holiday in the UK then the position is slightly different and you do not require the other parents’ permission. However, if the proposed holiday in the UK impacts on the time the other parent normally spends with your child, you will need their agreement to the change of plans to allow for your holiday. You should also still provide details of the trip.
For more practical advice and assistance, please feel free to contact us for a no-obligation chat with one of our friendly family law specialists.
Nicola is a Senior Associate at Gardner Leader in the Family team. She is based in the Newbury office.
Nicola is experienced in dealing with all aspects of family law including divorce, financial matters arising from the breakdowns of relationships and disputes relating to children.
Nicola is also experienced at advising on and drafting pre-nuptial agreements, which aim to protect assets on marriage or civil partnership. In addition, Nicola is experienced with emergency applications and injunction work.
