Do I have permission to take my child abroad?

With the school summer holidays fast approaching, it is a good time to consider if you have permission to take your child abroad.

The first step to check is if you both have parental responsibility. If you both have parental responsibility, then permission must be obtained from the other parent to take your child abroad. If you are the child’s mother, you will automatically have parental responsibility.

If there is a Child Arrangements Order in place, the parent who the child is to live with can take them abroad for a maximum of 28 days, without consent, as long as the Order does not say otherwise.

A letter will usually be enough to show that permission has been given to take your child abroad. The letter can be provided to border control if any disputes arise and should include the person with parental responsibility’s address, telephone number and details regarding the trip.

In addition, you can take evidence of your relationship to your child such as:-

Marriage certificate – If you are a separated parent and your child’s surname is different to yours, you could provide your marriage certificate and/or divorce final order.

Birth certificate/ Adoption certificate – This will provide evidence of your relationship to your child.

If you are unable to obtain permission from anyone else with parental responsibility, then you will be required to apply to the Court for permission to take your child abroad. If this step is required, legal advice from a solicitor should be sought as soon as possible.

If you think you might need Family Law advice on issues like one discussed here, please contact our specialist team who will be happy to help.