Can I leave the country with my child?
If you have a child or children from a previous relationship, there will likely come a time when you want to leave the country with your child, either on holiday or to move abroad. Whether you are amicable with your ex-partner or not, it is important to know your legal rights and responsibilities when it comes to leaving the UK with your child.
Do I need my ex’s permission to take my child abroad?
Whether you are simply going on holiday or making a permanent move abroad, you must get permission from everyone with parental responsibility for your child. Typically, this is the other parent and your ex-partner, but it could also be grandparents or anyone else who has obtained legal parental responsibility.
When seeking permission, it is wise to ask for written consent (including a date and signature) from the other person or people.
If you do not get approval, it may be seen as child abduction, and you could face legal action.
What if there’s a Child Arrangements Order in place?
If you have a Child Arrangements Order that specifies your child lives with you, you can take them abroad for up to 28 days without permission of everyone with parental responsibility. However, this shouldn’t be taken for granted and it’s important to check the terms of your Child Arrangements Order before taking your child abroad without consent. You will need the consent of everyone with parental responsibility if you wish to permanently move abroad.
Parental responsibility
Parental responsibility refers to the rights and duties a parent or family member has for a child. Mothers automatically have parental responsibility, and fathers will have the same rights if they are married to the mother or are listed on the birth certificate. Sometimes, other people such as grandparents, aunts, uncles or even friends get parental responsibility via a court order such as a Special Guardianship Order or Child Arrangements Order.
Anyone with parental responsibility can consent to a child leaving the country.
Can the court give me permission to take my child abroad?
If your ex-partner, or anyone else with parental responsibility, refuses to permit you to take your child abroad, you will need to apply to the court for permission by making an application for a Specific Issue Order.
If you are in this position, it is vital to seek legal advice from a family lawyer who specialises in child law. They can advise you on your rights, your application and what you can expect from the process. Your solicitor will recommend that you try to come to an agreement with the other parent outside of court, to keep conflict to a minimum. This may involve mediation using a professional family mediator.
When the court is considering your application to take your child abroad on holiday, it will consider whether it is in the best interest of your child. In most cases, permission will be given unless there are concerns about child abduction or there are significant fears about the wellbeing of the child in light of the country they are being taken to.
If you are seeking the court’s permission to relocate to a different country, the court will consider whether the relocation is in the child’s best interests. It will also consider:
- The reason why the relocating parent wishes to move
- Living arrangements at the new location
- Proposed plans for child’s education
- Employment details/proposed plans for employment
- Details of support network/plans at the new location
- Proposals for how contact will be maintained including costs of travel
Can I travel abroad with different surnames?
If you are separated from your child’s other parent, you may have different surnames and therefore different names on your passports. This is not a reason to stop you from travelling abroad with different surnames, however.
If you are travelling abroad with different surnames, it is a good idea to take evidence of your relationship to show Passport Control or Border Control. For example, the child’s birth certificate (which has your name on it) or a divorce certificate. You can also take the letter of consent from the other parent for further clarification.
Contact our child law solicitors
If you wish to travel abroad with your child and need advice about getting permission or settling a dispute with the other parent, our specialist solicitors can help. Call our child law solicitors on 0117 325 2929 or fill out our online enquiry form.