Where a child’s parents are separated, taking a child abroad — whether for a holiday or a longer stay — requires careful consideration of consent and legal obligations.
Anyone with parental responsibility for a child must consent to the child being taken outside the UK, unless there is a court order in place that grants the travelling parent permission to take the child abroad, or unless the order makes specific provision for international travel.
If the child lives with one parent under a Child Arrangements Order, that parent may take the child abroad for up to 28 days without requiring the other parent’s consent — unless the order says otherwise. For trips beyond 28 days, or where there is no Child Arrangements Order, consent from all holders of parental responsibility is required.
Obtaining written consent is strongly advisable, even where it is not legally required. A signed letter of consent from the non-travelling parent — confirming the dates, destination, and details of the trip — can prevent difficulties at border control and reduce the risk of accusations of child abduction.
If a parent refuses to consent to travel unreasonably, the travelling parent can apply to the Family Court for a Specific Issue Order granting permission for the trip. Courts take these applications seriously and will consider what is in the best interests of the child.
Terence Ray Solicitors assists parents in obtaining travel consent, drafting consent letters, and making court applications where consent is withheld.
Call 020 3367 1430 or email info@trsolicitors.co.uk.
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