Holidays Abroad Following Separation

If you are planning holidays abroad as a separated parent or if you have some concerns that you are going abroad and have a different surname to your child, Berkson Family Law have specialists on hand to make the process as simple as possible.

When travelling, it is important that you have the permission from everyone with parental responsibility for the child before taking them abroad as complications could lead to criminal charges for child abduction.

Permission for travel can be as simple as a conversation with your ex-partner but it is also possible for agreements to be made through solicitors, either way, it is advised that permission is given in writing. If you have all the relevant permissions from your ex-partner, it is possible for there to be no limits on the length or contents of your holiday.

An exception to this rule is when the parent travelling abroad has a child arrangements order stating the child lives with them as this allows the parent to take the child aboard for up to 28 days without the consent of the other parent.

If you are unsure whether you or your ex-partner have parental responsibility, it is important to note that it is automatically given to all mothers and is given fathers who are named on the birth certificate or married to the mother when the child was born.

Parental responsibility can also be granted through a court order or Parental Responsibility Agreement. If it is that you are the only parent with parental responsibility and there are no orders in place, you do not need permission from your ex-partner, but it is advised you still make them aware of your plans.

To prevent child abduction, parents with different surnames to their children are sometimes questioned by border control to provide evidence that they are travelling with their children legally. To avoid potential issues when taking your child abroad, we advise you take any relevant documentation you might have such as:

• The written consent and the contact details of your ex-partner
• Proof of your relationship to the child such as their birth or adoption certificate
• A copy of your divorce or marriage certificate if your surname is different to your child’s, or a copy of their change of name deed.
• Any key details of your holiday.

If your ex-partner does not consent to taking the child abroad, you will need to make an application to the court for permission before being able to travel. Following your application, the court will take the time to consider if the holiday is in the child’s best interest and that there are no concerns about the child being returned to the UK. Once a decision has been made by the court, they will inform you of their decision and this will become evidence that can be taken with you when travelling abroad.

If you would like to speak to our divorce solicitors Liverpool for more information, then get in touch via our webform or call us on 0151 236 1234, request a call back at your convenience or email your enquiry and one of our family solicitors will contact you.