Even if parents are separated, and planning to take their children abroad, they will need to get signed permission from anyone else with responsibility for the child
As we approach the peak summer holiday season, a divorce lawyer is alerting separated couples about the crucial documents they’ll need to travel without any unexpected disruptions. Separated and divorced parents will need signed permission from anyone else with parental responsibility for the child, often the other parent.
It might not be common knowledge, but taking a child abroad without permission is considered child abduction. To assist parents in taking their children abroad, particularly if it’s the first time post-divorce, Ann Owens, a consultant solicitor in the divorce law team at Richard Nelson LLP, has outlined the six essential documents parents will need to ensure a smooth departure.
1) A consent letter from the non-travelling parent.
For a child to be taken abroad, all individuals with parental responsibility must agree to the decision. While mothers automatically receive parental responsibility at birth, fathers gain parental responsibility upon marriage
With this in mind, a consent letter from the non-travelling parent is vital. A signed letter provides evidence that your ex-partner has agreed to you holidaying abroad should you ever be questioned while travelling.
The letter should include the other parent’s contact details as well as the specifics of your holiday, such as where you’ll be staying. If your child has a different surname to you, the letter should also clarify this, reports Bristol Live.
2) A birth or adoption certificate.
It might seem a bit much to pack your child’s passport along with their birth or adoption certificate for a holiday, but it’s actually a smart move. These documents can be crucial in proving your relationship to your child when you’re leaving the UK and upon arrival at your holiday destination, as proof of parental responsibility may be required.
3) A divorce or marriage certificate.
Parents often have different surnames from their children due to reasons, such as divorce or remarriage. If you find yourself in this situation, carrying your divorce or marriage certificate can prevent any unnecessary delays at the airport by clarifying the surname difference.
4) A court order.
In situations where obtaining permission from the other parent to take your child abroad isn’t possible, a court may still grant you permission. Consultant solicitor Ann Owens from Richard Nelson LLP advises: “If you’re relying on a court order to take your child abroad, it’s imperative to allow as much time as possible for the case to be heard. While you can request an urgent court order, these can take more than a week to go through the courts.”
She adds: “For those who have been successful in gaining permission this way then you must travel with a sealed copy of the Court Order with you.
“Border officials may ask for proof of your legal right to take the child abroad at the airport, and if you can’t provide it, you may be turned away at customs.”
5) Verify the destination’s legal age of adulthood.
It’s crucial to ascertain the legal age of majority in your holiday destination. Although it’s 18 in the UK and many other countries, some places have different ages set for adult responsibility.
For example, travelling with a 19-year-old to certain Canadian territories might necessitate additional documentation.
6) Don’t forget your child’s passport.
With all other documents gathered, don’t neglect the most obvious – your child’s passport is essential. Not only should you carry the passport, but also ensure it adheres to the validity requirements of your destination country.
Commonly, passports should be valid for at least three months beyond your planned return date. However, destinations like Dubai, Thailand, and Australia require at least six months’ validity from the date you enter.
