Many parents wish to take their children on international trips, whether for holidays, family visits, or potentially to live abroad. While these opportunities are exciting, it’s crucial to understand and consider the legal implications of taking your child abroad, particularly if you are separated from the child’s other parent.
Without existing Court orders, you need the consent of everyone with Parental Responsibility for the child for international travel. This is mandatory for trips exceeding one month or for relocating abroad. Traveling without this consent could lead to legal consequences, including prosecution and potentially imprisonment if found guilty. If consent is denied by others with Parental Responsibility, you must seek Court permission for the travel. Our team can assist you in this process and provide legal advice.
In cases where the child’s mother solely holds Parental Responsibility, she may not need formal permission for international travel. However, it’s generally considered good parenting to discuss and seek agreement from the child’s other parent before traveling.
The rules differ under a Child Arrangements Order. If this order states the child lives with you, you can travel abroad for up to a month without needing consent from others with Parental Responsibility. Nonetheless, it’s advisable to discuss plans with the other parent, even for shorter trips.
For grandparents or other relatives planning to take a child abroad, consent from all those with Parental Responsibility is necessary.
To relocate permanently to another country with your child, you need consent from others with Parental Responsibility or a Court Order.
If you seek consent and receive no response or cannot contact them, you must show efforts made to seek their permission. If consent is refused, they should provide a valid reason. Denial of permission without a justified cause is not acceptable.
In all cases, with or without Court Orders, it’s best to agree on overseas travel plans in advance. This helps prevent misunderstandings, communication issues, accusations of abduction, and Court applications.
For specific legal advice about taking your child/children abroad, contact our office at 0151 236 1234. We can arrange an appointment with one of our Solicitors for you.