If you are wanting to take your child abroad and have separated from your child’s parent it is likely you will need to get permission in order to do so, provided your child is under the age of 18.
Permission must be given by anyone that has parental responsibility over the child, if this is not possible it may be given by the court.
If you are a person with parental responsibility, you still need to get the permission of anyone else that has parental responsibility of the child before going abroad.
Failing to get permission when it is required is illegal and is classed as child abduction.
An exception to this is that if you have a child arrangement order that states the child must live with you then you can take the child abroad for 28 days without getting permission.
The best way to prove you have permission from someone with parental responsibility is by letter. This letter should include all contact information and details about the proposed trip.
It is possible that you may be asked for a letter proving you have permission at a UK or foreign border.
If possible (but not always necessary) you should show:
Any evidence of your relationship with the child (e.g., birth certificate)
Divorce / marriage certificate (if applicable)
If you are unable to get permission from those with parental responsibility, you will need to apply to court for permission.
If you do this, you will need to provide details of the trip such as:
Where you are going
Date of departure
Date of return
Contact details for yourself and those with parental responsibility
If the trip is long term, you will need to give information involving arrangements you have made for the child e.g., where they will be attending school.
For further information and legal advice relating to taking your child abroad, contact Dylan Nair Solicitors on 01772 494366.