As a parent or guardian, it’s natural to want to take your child abroad for a holiday, family event, or to visit relatives. However, if you are separated or divorced from your child’s other parent, you may wonder what the legal implications are. Can you simply book a trip and go? Or do you need to seek permission first?

At Lewis Denley Solicitors, we understand that navigating the complexities of family law can be challenging. Below, we break down the key factors to consider when it comes to taking your child abroad.

1. Parental Responsibility and Consent

In England and Wales, parental responsibility refers to the legal rights, duties, powers, and responsibilities that a parent has in relation to their child. If you have parental responsibility, you have the right to make major decisions regarding your child’s welfare, including their education, medical treatment, and where they live. This also extends to decisions about travel outside of the jurisdiction of England and Wales.

2. Who has Parental Responsibility?

A child’s mother automatically has parental responsibility for the child from birth.  The other parent obtains parental responsibility by:

• Being named on the child’s birth certificate; or
• Being married to the child’s mother.

Consent from all persons with parental responsibility of a child is required before taking the child abroad. If one parent is refusing to give consent, it’s important to consider the following steps:

2. When Consent is Denied

If the other parent does not agree to you taking your child abroad, you may need to resolve the matter through legal channels. You could:

– Seek legal advice: you could discuss with your lawyer sending a formal letter to the other parent to request their consent.

– Mediation: If direct communication doesn’t work, mediation can be an effective way to resolve disputes. A trained mediator can help both parents reach a mutual agreement about international travel.

– Court application: If mediation fails or the other parent refuses to consent, you may need to apply to the court for permission to take your child abroad. The court will consider factors such as the child’s best interests, the reasons for the trip, and the parent-child relationship.

3. International Travel and the Child’s Passport

If your child holds a passport in their name, you will need to be aware of who has access to it. If the child’s other parent has parental responsibility, they may need to give consent for the passport to be issued or renewed. Additionally, the passport should be kept secure, as a parent without consent could potentially attempt to take the child abroad illegally.

In cases where one parent is concerned about the child being taken abroad without permission, they can request the court to issue a Prohibited Steps Order. This order prevents the child from leaving the country without the necessary consent from both parents.

4. Consider the Child’s Welfare and Best Interests

When deciding whether to take your child abroad, the best interests of the child should always be at the forefront. Courts and legal advisors will consider the child’s well-being, the length of the trip, the destination, and the relationship with the parent who isn’t traveling. If the other parent has concerns about the child’s safety or welfare during the trip, these will need to be addressed.

5. Emergency Situations and Legal Protection

If you are traveling abroad with your child and an emergency situation arises—such as the child becoming ill or injured—be sure to have appropriate travel insurance that covers medical and legal issues. It’s also important to understand the laws and regulations in the country you are visiting regarding child welfare, medical treatment, and child protection.

6. Seeking Legal Advice

If you are uncertain about the process or need help navigating a complex situation regarding child travel, it’s always a good idea to consult with a family law solicitor. Our team at Lewis Denley Solicitors can provide advice tailored to your individual circumstances and guide you through the legal processes to ensure your trip goes smoothly.

Conclusion

Taking your child abroad requires careful planning, especially when parental consent is a factor. By understanding your legal rights and responsibilities, communicating with the other parent, and seeking legal advice when necessary, you can help ensure that the trip is in the best interests of your child and complies with UK law.

If you need assistance with a family law matter related to international travel, contact the expert team at Lewis Denley Solicitors today.

For more information or to discuss your family law concerns, call us at 01403 456430 or email info@lewisdenley.com.