School is out and summer is in. For many people this could mean one thing - finally jetting off on that long-awaited holiday abroad. With school summer holidays almost upon us and particularly after the disruption of the last couple of years, families may be looking forward to visiting other countries. However, for parents who are separated there are a few things which need to be considered and agreed before travelling abroad with children.
Nina Taylor, Partner in our Family Law team answers queries that may help provide separated parents important answers.
Does my ex-partner need to give permission before I can travel abroad with our children?
Yes, if you both share full parental rights and responsibilities. Married couples and unmarried parents of children born after 6 May 2006 (where the father is named on the birth certificate) have full parental rights and responsibilities - their legal status in relation to their children is the same. Unmarried fathers of children born before the law change in 2006 do not automatically have parental rights and responsibilities but can obtain them, either by agreement with the mother, or by court order.
However, even if you don’t share parental rights it’s generally a good idea to communicate openly with your ex and seek agreement for your plans. Having the discussion well ahead of the trip, letting them know your travel plans and offering to ensure they keep in contact and offering substitute time for them to spend with the child(ren) can all help to keep things amicable.
Can this permission be verbal or written and do solicitors need to be involved?
No, but it is a good idea to ask them to confirm agreement in writing.
What can I do if my ex won’t give permission?
In this situation you could apply to the local Sheriff Court for a Specific Issue Order to allow the removal of the child from the UK for the purposes of a holiday. The Sheriff will consider whether the order sought is in the child’s best interests.
We always encourage clients to try to reach agreement with the other parent informally and consult one another before making any big decisions that can have a significant impact on the children. This avoids causing any distress or damage to the children, who may be stuck between two hostile parents.
Can I take my child abroad if we don’t share the same surname?
If travelling abroad you may wish to check the regulations in relation to that country’s Border control to find out if additional documentation is required.
When parents decide to separate communication is going to be key to coming to agreements regarding childrens' arrangements but as ever, keeping your children’s best interests front and centre is important.
