I am separated…can I take the children abroad?

The simple answer is yes, it does. There are factors you need to take into consideration when travelling post separation, post-divorce and/or if your name is different from the children.

The reality is that you should expect to be stopped at passport control and be ready for what might come next. Get it wrong and the consequences could range from being refused entry to a country to being charged with abduction.

What you should know

If you are separated and planning a holiday with your children, if you have a child arrangement order (previously a residence order) which specifies the child lives with you, then you can take the child out of the country for a maximum period of 28 days without seeking the other parent’s permission.

In the absence of such an order you will need the permission of anyone else with parental responsibility to take a child on holiday.

So how should you evidence that you have that permission? We would recommend a letter drafted by a solicitor which gives answers to all of the questions passport control might raise with you, such as:

• Full details of the relevant children including dates of birth and passport details;
• Details of travel;
• Contact details for the consenting individual with parental responsibility (usually the other parent).

The letter should be appropriately signed and witnessed, and ideally append supporting evidence relevant to your circumstances, which might include birth certificates of relevant parents/children, marriage certificate, decree absolute, and/or change of name deed.

Your solicitor will be able to help you with the specifics. You should also check with your travel operator for any specific requirements of the country you intend to visit. If the other parent will not give you consent, then you can apply to the court for permission.

Your solicitor will be able to provide you with practical advice on what you and your children might expect if stopped at passport control. This does happen and you should be prepared for that.

Next Steps

If you find yourself being stopped at passport control or have a court application to make with the other parent who refuse permission for your travel, we can help. Here at Alters Kelley Solicitors we have experience of this issue and are well placed to help you with it. If you have any concerns in relation to your children going on holiday then Alsters Kelley Family Department offers a free 30-minute appointment during which we can provide you with practical on your legal position.

We have offices covering Leamington, Coventry, Nuneaton and Southam so do not hesitate to contact us on 01926 356045 or contact Jonathan Miller, Solicitor by email jonathan.miller@alsterskelley.com to make your appointment today.