Considerations for separated parents when travelling with children this summer

With Summer just around the corner, expert family lawyer Chris Longbottom is reminding separated parents who are planning to spend time abroad, that there may be extra hurdles to overcome to ensure that travel plans with children go smoothly.

Chris, head of our national family team, says that separated parents can often get caught short when attempting to take children on holiday, leading to much upset and stress for all. He is urging parents to familiarise themselves with the rules and plan ahead of any international travel.

Chris said: “Good preparation is the key to safe, hassle free travel with children at any time, but particularly so when parents are separated and you introduce the potential issue of travelling with a child who has a different surname.

“In cases where you think the other parent may cause any difficulties for you it is important to try to get an early agreement on certain issues to avoid costly litigation and delays at court.”

Below is a handy checklist of things to consider when travelling abroad with a child under the age of 16 this Summer:

Checklist

1. If you want to travel outside of England and Wales with your child the consent of everyone with parental responsibility, or permission of the Court, is required. If you have a residence order in your favour (i.e. an order that the child lives with you) you can take your child away for up to 28 days without the other parent’s permission. If there is no such order but another Court Order exists, check its terms carefully for any relevant specific permissions relating to holidays and that you meet any required conditions needed for travel. If you need the other parent’s consent, this should be sought at an early stage as you may need to apply to Court for a specific issue order if consent is refused.  It is usually considered reasonable to ask for travel information such as dates and flight details before releasing the passports or giving consent to a holiday, so be prepared to give this information.
2. If there is a Court Order in place which sets out the arrangements for the children, then you must ensure that your proposed travel plans do not breach the terms of the order. You need to check that the holiday dates, including any travel, fall within periods when the child is supposed to be spending time with you, and that they do not impinge on the child’s time with the other parent. If you want to change anything in the Order, you will need the agreement of the other parent, preferably in writing, or you will need to apply to the Court to vary its terms.
3. Think about who holds the child’s passport and any other documents you may need, such as the birth certificate. If the other parent has them, seek to agree arrangements for their release and return at the end of the holiday.
4. Check the entry requirements for sole parents travelling with a child in your destination country, including the age at which a person is no longer considered a child. Some countries may also require the written permission of the other parent, a Court Order or sworn affidavit, for example, South Africa, Canada, Portugal and Russia.
5. Consider how your child will keep in contact with the other parent whilst on holiday. There may be specific provisions in an order about contact via telephone, Facetime or another method, but if not the usual provisions when at home should still apply where possible, or alternatives agreed before you leave. You will also need to ensure that you have appropriate devices to enable this indirect contact.
6. If you are asked to consent to your child being taken overseas and there is no Court Order, or if you are asked to release your child’s passport, trust your instinct. If something about the proposed trip does not feel right, then you should not consent.  If you are concerned about the other parent’s intentions in planning a trip you should ask for evidence of return flight details and confirmation of itinerary. Are they behaving oddly, being secretive or vague about their travel plans? Has your relationship with the other parent been particularly strained recently? Also think about the destination– why is your child being taken there? Is that country a signatory to the Hague Convention on the International Aspects of Child Abduction? Does the child’s other parent have ties to the destination country or a strong wish to return to live there, or a wish that your child is brought up there?

Chris continued: “If in any doubt it’s important to speak to a specialist legal advisor at the earliest opportunity. It is much easier to prevent a child being wrongfully removed than to seek their return after it has happened, even where the destination country does have a reciprocal agreement with the UK.

“If you cannot agree on the arrangements, you will need time to seek legal advice and make an application to court or engage in another dispute resolution method such as family arbitration or mediation. Experienced family solicitors will be able to advise you on your position and outline the options for you in terms of how best to resolve any disputes, how to enforce the terms of an Order or how to protect your position if you are concerned about any proposed travel for your child.”

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For more information about Clarke Willmott’s family law or co-parenting work please speak to a member of our team.