With lighter evenings and (slightly) warmer weather, Spring is that time of year when parents realise the school summer holidays are not too far off and are busy making family plans for the summer holidays.
We are often asked to advise separated parents about the rules on taking their child/children abroad and whether they require permission to do so.
The rules are clear. A parent must get the permission of everyone with parental responsibility for a child before taking the child abroad. If this is not possible, permission will have to be sought from the Court.
The only exception to this rule is where there is already a Court Order (Child Arrangements Order) in place. In this case, if the Court Order states that the child will ‘live with’ a nominated parent, that parent can take the child abroad for 28 days without getting permission from the non-resident parent.
The word ‘abroad’ relates to any country other than England and Wales, so permission must be sought to travel with a child to Scotland or Northern Ireland.
Taking a child abroad without permission of the other person with Parental Responsibility or without a court order is child abduction.
Another question we are often asked is whether you can take your child abroad during the school term. A parent must obtain permission from the Head Teacher to take a child out of school during term time by:
- Making an application to the Head Teacher in advance or if there are exceptional circumstances.
- It’s up to the Head Teacher how many days the child can be away from school (if leave is granted).
Local councils and schools can use various legal powers if a child is missing school without a good reason. They can give parents:
- a Parenting Order
- an Education Supervision Order
- a School Attendance Order
- a fine (sometimes known as a ‘penalty notice’)
- Prosecution
Who has Parental Responsibility?
A mother automatically has Parental Responsibility for her child from birth.
A father usually has Parental Responsibility if he is married to the child’s mother or is listed on the birth certificate.
Same-sex partners will both have Parental Responsibility if they were civil partners at the time of the treatment, such as donor insemination or fertility treatment.
Why is it so important to get permission of the other parent?
At a UK or foreign border, an adult travelling with a child might be asked for evidence of permission to travel with the child.
A letter from the other person with Parental Responsibility for the child is usually enough to evidence the permission. The letter should include the other parent’s contact details and confirmation that they know about and agree to the trip.
It also may help at the border if the parent takes with them evidence of their relationship with the child, such as a birth or adoption certificate, or a divorce or marriage certificate, particularly if the adult’s surname is different from the child’s.
Before traveling, it is advisable to check the entry requirements for the intended destination. Depending on the country there may also be differing age limits/rules for when a person is considered to be a child.
How do you get permission from a Court?
If permission cannot be obtained from the other person with Parental Responsibility to take the child abroad, the parent seeking to take the child abroad will need to apply to the Family Court for a Court Order.
If a parent is refusing to grant permission, they will need to have a good reason as to why. The Court is more likely to grant permission if travel is to a safe country and the travel is going to benefit the child.
If a Court application is required, it is important to allow plenty of time (ideally at least three months) so there is sufficient time for the Court to deal with the issue.
Emma Alfieri is a Legal Director in our Family team. Having practiced since 2008, Emma advises on all aspects of family law cases. For more information or to discuss your own circumstances, please contact Emma directly on emmaalfieri@greene-greene.com or call 01284 717459.
This article is only intended to be a summary and not specific legal advice.
