As we approach the Christmas holidays, parents across the country are helping their children countdown to the Christmas break. For some this can involve a trip overseas to visit family or have a holiday.
Any removal of a child from the jurisdiction must be done with the consent of all people who hold parental responsibility for the child. If there is a child arrangements order in place stating the child lives with one parent, that parent is able to take the child out of the country for up to 28days.
This does mean that British Ports can be cautious about children travelling with one parent, causing delays and frustration for the parent. This border checking can reduce the risk of abduction of children from the jurisdiction.
If you are planning to travel abroad, holding evidence of a court order, written consent from the other parent and birth certificates when travelling under different names, can be useful and time saving.
If you need advice about your rights or concerns you may have about the other parent removing a child without your consent, please do not hesitate to get in touch.
If you have children with a former partner, you may need to make an application to the court to remove your child overseas. When parents are separated or divorced, the consent of the other parent (or any other person with parental responsibility) is required before you can travel to another country unless you have an order allowing for this.