Do I need permission to take my child abroad?
As the summer is soon approaching, you may be considering taking your child/children abroad for a holiday. Discussing this arrangement is often more difficult for separated parents and you may be thinking, “Do I need the other parent’s permission to take my child abroad?”
Essentially, if you have Parental Responsibility this authorises you to take your child out of the country, for up to 28 days. Equally, if there is a Court Order in place stating that the children live with you, then you can also for up to 28 days take your children out of the country. Mothers and married father’s or fathers named on the birth certificate are granted automatic parental responsibility for their children. Unmarried fathers, stepfathers and others can make a request to the Court for an Order to be granted parental responsibility. If you are unsure on whether you have parental responsibility one of our qualified solicitors can confirm this for you.
It is always best to get consent from the other parent to take the children abroad, depending on whether there is a child arrangement orders in place. If the other parent refuses to consent, then you are entitled to apply to the Court for a Specific Issue Order for permission. The Court is likely to grant permission for a parent to take their child abroad for a holiday, if it is for a reasonable period of time, and they believe that it is to a destination deemed safe. Issues arise when there is a dispute over whether there are fears that the child will not return to this country. Especially if the country is not a signatory to the Hague Convention on Child Abduction as it can be difficult to secure the return of a child.
Therefore, to avoid rushing last minute or have your holiday plans disrupted, it may be useful for you to obtain legal advice and assistance from one of our qualified solicitors in the team.
Please call us on 0116 212 1000 or alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
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