Travelling overseas with your children can be a fun experience, but it’s important to take extra precautions if you’re separated from the other parent or have different surnames than them. Having all your ducks in a row may help make sure any potential issues are avoided and that everyone has permission they need for the journey!
Do I need permission from my ex-partner to travel abroad with our children after divorce?
Yes. You must have permission from those with parental responsibility for the child, to take them abroad.
For most cases, two parents must agree for a child to travel abroad with one of them. However, if the travelling parent has a child arrangement order stating that their children live with them full-time and no other adult is present on this trip – they may take said kids away from home up to 28 days without needing prior approval from the other parent.
Why do I need permission from my ex to travel abroad with our children?
If you and your former partner have joint parenting responsibility for your children, it’s essential to get their permission before travelling abroad with them. Failing to do so could lead to serious consequences, including criminal charges of child abduction.
What is classed as ‘abroad’?
For anyone travelling within the United Kingdom, they may find themselves in a world of legal difference. As there are four countries that make up the UK – England, Wales, Scotland and Northern Ireland – each has their own individual laws that don’t always match up with one another. Even if you stay on British soil when crossing boundaries between countries it can still be considered taking a trip abroad due to these discrepancies!
How do I get permission from my ex to travel abroad with our children?
You can obtain permission to travel aboard with your children directly from your ex-partner or through solicitorsif more appropriate. Permission should be given in writing.
How do I know if I have parental responsibility for my children?
Being a parent comes with both privileges and responsibilities, but who holds this responsibility is determined by more than just love – it’s also legally bound. Mothers assume legal guardianship of their children at birth, but fathers can become responsible for them too in certain circumstances such as marriage to the mother or being named on the child’s birth certificate. For those not qualifying under these criteria however, parental rights must be granted through court order or Parental Responsibility Agreement.
If you are the only parent with parental responsibility and there are no orders in place, permission is not needed from your ex-partner to travel abroad with your child. It is however recommended that you advice them of your plans.
What documents should I take with me when I travel?
You could be asked for evidence of your permission to travel with your children and your relationship to them, at a UK or foreign border. So, to avoid unwelcome issues and ensure that you’re prepared it’s advisable that you take all of the relevant documentation. This includes:
- Written consent to the trip from your ex-partner – ideally with a copy of the their passport
- Proof of your own relationship with the child such as their birth or adoption certificates
- Divorce or marriage certificate if your surname is different from your child’s
- Full contact details of the consenting parent
- The specifics of your trip.
Travelling internationally can be a complicated affair, and if you don’t have the right paperwork, it could mean being denied entry to your desired destination. Plan ahead to ensure that all necessary documents are in order before embarking on your journey!