For separated or divorced parents, the issue of travel, let alone moving, can be difficult. There’s a variety of important laws and other factors in place that can prevent you from taking your children on holiday – or relocating to another country.
At Oracle Law, Divorce legal services, we have extensive experience in the field of family law. In this article we’ll examine the basics of parental responsibility and your ability to go abroad and travel. We’ll go over the importance of parental rights and the court processes.
What to know before you travel – Parental Responsibility
It is important to know what parental responsibility is.
Parental responsibility tends to lie with each parent. In some situations, there may be others who have parental responsibility. These can be grandparents, for example. Other people who can hold parental responsibility include,
- Adoptive Parents
- Legal Guardians
- Caregivers
Parental responsibility
You automatically have parental responsibility if you are the mother of the child.
Parental responsibility refers to the legal rights and responsibilities a parent has for a child and their prosperity. It is their duty to ensure a child is cared for properly. Their responsible for among other things deciding when a child can leave a country – for a holiday on a permeant basis.
If one party with parental responsibility does not give consent to the trip or the move, then you are engaging in child abduction.
Going on Holiday
If both parents have parental responsibility and there are no arrangement orders (also called residence orders) or restrictions in place, then neither can take the child outside of the UK without the written consent of the other. If the consent required is refused, then an application can be made to the Court.
If you are the mother and you alone have parental responsibility and there are no child arrangements relating to the child, then permission isn’t needed. This of course can be changed if the father applies for parental responsibility as well.
It is considered responsible parenting to consult the other parent and reach an amicable agreement. It is best to agree the arrangements to avoid any kind of confusion and issues like accusations of abduction – which are very serious. It also helps to avoid getting the court involved.
If the other person refuses to permit the child to go on holiday you can however apply to the court to obtain permission.
Obtaining Permission from the Court
If consent has been refused, you can apply to the Family Court for permission to take the child abroad. You can apply for a Specific Issue Order. The courts will determine if taking the child on holiday is in their best interests and if the holiday will last a reasonable period and that the destination is acceptable. Issues raised by another person with parental responsibility will be considered.
Other important steps
Before you travel it is a good idea to check the specific requirements of the country you’re going to travel to. Some countries will require the completion of important forms – as well as signed (and witnessed) permission. You’ll also want to check the age limit for when a person is viewed as a child. Make sure to,
- Take letters from the persons who hold parental responsibility with you, including relevant contact information and clear details regarding the holiday
- A birth certificate (if the child has a different surname)
- A court order or parental responsibility agreement
Relocating Abroad
Relocating is a more serious and demanding process than holiday – even before you factor in the legal processes involved.
To permanently take a child abroad a parent will require the consent of the other parent or persons with parental responsibility – or they will need a court order (relocation application).
These are going to be cases where it’s appropriate for a person with parental responsibility to oppose the relocation application. In some situations, however, the energy and time spent trying to organise future communication.
When a court is considering an application, it will examine several important factors.
- The reason for wanting to live abroad. Is it motivated ‘genuinely’ – or is the motivation intended to end the relationship between the child and the other parent?
- What will the effect be on the child and their relationship with the other parent, as well as the rest of the family?
- What are the effects going to be on the child’s ability to communicate with their wider family
Looking for legal advice on travel and relocation?
At Oracle Law, our team has extensive experience when it comes to family law. If you are thinking about travelling or relocation and believe you’ll need help, then get in touch today. It’s never a bad idea to have expert legal advice on hand – as when an application to court becomes necessary, it can become a long and very difficult process to get through – especially if you lack expert legal assistance.