F E R N B O W K E T T , S O L I C I T O R I S S U E 0 1 A P R I L | 2 0 2 4
FAMILY LAW TRAVELLINGWITHACHILD WITHADIFFERENTSURNAME AND YOU
TRAVELLING WITH A CHILD WITH A DIFFERENT SURNAME?
With the the summer holidays looming, this is a common question we are often asked by our clients who wish to take their child on holiday, either in the UK or abroad.
The legal position on taking your child abroad depends on your family’s individual circumstances regarding parental responsibility.
Parental responsibility includes making important decisions about the child’s health, education, religion, and general upbringing.
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DO I HAVE PARENTAL RESPONSIBILITY?
Mothers have automatic parental responsibility for their child from birth. If you are married or in a civil partnership when the child is born, both parents have automatic parental responsibility and you will not lose this if you get divorced or the civil partnership is dissolved.
This also applies to a parent or parents who legally adopt a child or who become a legal guardian to the child. Father’s who are not married or in a civil partnership with the mother do not have automatic parental responsibility.
For unmarried father’s to have parental responsibility of their child, their name must be registered on the child’s birth certificate. Please read article Understanding Parental Responsibility for further information on obtaining parental responsibility.
CHILD ABDUCTION THE IMPORTANCE OF PARENTAL CONSENT
In most situations, where both parents hold Parental Responsibility, they both must consent to a child travelling abroad
Under the Child Abduction Act 1984, it is a criminal offence for a person to send or take a child under the age of 16 outside of the UK without the “appropriate consent”. This means that that you cannot travel without the consent of the child’s mother, the child’s father (if he has parental responsibility for the child), any guardian of the child, any special guardian of the child or any person named in a child arrangements order as a person with whom the child is able to live.
Removing a child from their habitual residence without the necessary consent could also lead to a breach of international civil law. UK Visas and Immigration (UKVI) are alert to the risk of child abduction and child trafficking. They will often check that the adult travelling has the appropriate consent, particularly if the child does not have the same surname
EXCEPTIONS TO THE RULE
WhilstallholdersofParental Responsibilitymustconsentto theirchildtravellingabroad (outsideofEnglandandWales), therearesomeexceptionstothe rule.
Thefirstiswheretheparent travellinghasa“LivesWith”Court Orderintheirfavour(previously namedaFullResidenceOrderor Solecustodyorder),whichpermits themtotakethe
childonholidayforupto28days withouttheconsentoftheother parent.
Thesecondiswheretheparent travellinghasaSpecificIssue Order,specificallypermitting foreigntravel(furtherinformation onSpecificIssueOrdersprovided overleaf).
OTHER CONSIDERATIONS
INTERNATIONAL LAW
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F A Q F r e q u e n t l y A s k e d Q u e s t i o n s
How do I get consent to take my child on holiday?
Agreeing on foreign holidays when you are a separated parent is often tricky, particularly if there are no Court orders in place, and you are the parent with a different surname to your children. It is best to begin conversations with the child’s other parent as early as possible, ideally before the holiday is booked so that they feel involved and that they are being listened to.
You should also be prepared to be as open as possible with the other parent about the holiday and provide them with specific information regarding flights and accommodation so that they feel comfortable knowing where the child will be during this time away.
Once you have been able to obtain their consent, it is vital that you get proof of this consent in writing as this will prevent any delays at the border when travelling with your child.
FAQ
Can I withhold consent or what happens if the other parent withholds consent?
Parents should think really carefully about the reasons for not giving their consent for their child to go on holiday. Consent should only be withheld for a good reason, especially if the concerns can be worked around.
However, if you have tried to reach an amicable agreement but the other parent has refused to give their consent or has not provided you with the necessary proof of consent to travel, then you may need to seek permission from the court.
This is called a Specific Issue Order, where a Judge will consider whether the holiday is in the best interests of the child. Given that holidays are generally considered to be a positive experience for a child, in most cases the Judge will give permission provided there are no welfare concerns or concerns about child abduction.
FAQ
Is consent required to take my child on holiday in the UK?
You do not require consent if you intend to take your child on holiday within England and Wales, provided there is no Court Order in place which prevents you from doing so.
Although Scotland and Ireland are in the UK, they have separate legal systems and so parental consent would be required by the other parent if you plan on travelling to either country.
FAQ
How can we help?
If you require advice or assistance regarding parental consent when travelling, please contact our family law team at Bradley Haynes Law, in the first instance by contacting:
Fern Bowkett
fern@bradleyhayneslaw.co.uk
01905 900 919
