Child custody arrangements

Going abroad

As a separated parent, how can I ensure taking my children abroad complies with any custody arrangement I have?

If you’re planning on travelling abroad with your child, you must make sure that you have obtained the consent of every individual with parental responsibility. If you do not have their permission and travel with the child outside the jurisdiction, you can be found to have committed the offence of abduction under the Child Abduction Act 1984.

A useful starting point is to establish who has parental responsibility for a child. If you are the child’s birth mother, in England and Wales you automatically have parental responsibility. If you are the child’s father and were married to the mother when the child was born, you also automatically have parental responsibility. If you were not married, you can still have acquired parental responsibility for example by way of a parental responsibility agreement, or being named on your child’s birth certificate.

I would recommend obtaining written consent from the other parent, and taking a copy of this with you when travelling abroad. Some airline providers may raise a query as to the issue of consent, particularly if your child has a different surname to your own.

If you have an order from the Court which confirms that your children live with you (these are known as Child Arrangements Orders-Live with or historically residence orders), you are permitted to take your children on holiday for up to 28 days without obtaining the other parents’ permission. Check your Court Order for any provisions in relation to holidays as they may make reference to providing notice to the other parent. If you have a Child Arrangements Order (previously known as a residence order), make sure you pack a copy in the event that any questions are raised at the airport– passport- check, Tickets- check, Sunglasses- check, Court Order-double check!!

If you have any queries on a family matter, you can contact the team here