Travelling abroad with children: Key considerations for separated parents

As the new year approaches, many families look forward to holidays abroad. For divorced or separated parents, however, planning a trip with children involves additional steps to ensure compliance with legal requirements and avoid potential issues. Below are important points to consider before making travel arrangements.

Permission from parents with parental responsibility (PR)

Before travelling abroad, you must obtain permission from all individuals with Parental Responsibility for the child(ren), typically the other parent. Here’s a brief overview of how PR is established:

• Mothers automatically acquire PR.
• Fathers gain PR if they are married to the mother, named on the child’s birth certificate, or through a Court Order or Parental Responsibility Agreement.

Exceptions: Child Arrangements Orders

If you have a Child Arrangements Order that specifies the child lives with you (a “live with” Order), you can travel abroad with the child(ren) for up to 28 days without requiring the other parent’s permission. However, you must still inform the other parent of your travel plans.

For joint “live with” Orders, both parents may travel abroad with the child(ren) for up to 28 days without the other parent’s consent. If you are the sole person with PR and no court order is in place, no permission is required.

Documentation for consent

If the other parent consents to your travel plans, ensure their agreement is documented in a signed letter. This letter should include:

• Travel destination
• Dates of departure and return
• The other parent’s contact details

While this letter is unnecessary with a “live with” Order, carrying a copy of the Order is advisable. Additionally, you should bring:

• The child(ren)’s birth certificate(s)
• A divorce certificate, especially if your surname differs from the child(ren)’s

What if permission Is refused?

If the other parent objects, you will need to apply to the court for permission to travel. This is done through a Specific Issue Order. The court will assess both sides and determine if travel is in the child(ren)’s best interests.

To avoid delays, submit your application as early as possible. While urgent hearings are an option, there’s no guarantee the court will address your application in time for your intended travel.