The need to obtain permission to take a child out of the UK is not widely known. Here, family law solicitor Louise Daniel explains the main issues.
The legal rights of mums and dads
If you are planning to take a child abroad, the legality of your situation hinges on any court orders that may be in place, and whether each parent has ‘parental responsibility’.
Parental responsibility is a legal concept that includes the rights, duties and obligations a parent has to a child. Mothers automatically obtain parental responsibility when a child is born, but until 1 December 2003 unmarried fathers did not. Unmarried fathers whose children are born after this date also receive parental responsibility if his name is on the child’s birth certificate.
What the law says about taking children on foreign holidays
If both parents have parental responsibility and there are no court orders in place, neither can take the child out of the UK without the written consent of the other.
If one parent has a residence order or a child arrangements order stating the child lives with that individual, he or she can take the child abroad for 28 days without the written consent of the other parent.
It is good parenting, however, to try and agree the arrangements well in advance. If consent is unreasonably withheld, a court application may be necessary.
If one parent alone has parental responsibility, and there is no court order, the permission of the other parent is not strictly necessary. Again, though, responsible parenting would normally mean trying to consult and agree on the arrangements.
A father without parental responsibility can ask the court to grant him parental responsibility and could then object to the child being taken abroad.
Grandparents taking grandchildren on foreign holidays
If grandparents want to take a child out of the country they need the permission from both parents, if both parents have parental responsibility.
It is always best to try and agree plans with plenty of notice to avoid contact problems, or in extreme situations, allegations of child abduction. If contact with an absent parent is missed due to holiday arrangements, it would be reasonable in most cases to offer extra contact by way of compensation.
The child’s best interest is central to all decisions
If the court is asked to rule on an agreement – or lack of one – about taking a child on holiday, the holiday will most likely be allowed. However, the court must be satisfied that this is in the child’s best interests and there are no issues in relation to any potential failure to return.
For further advice on taking your child abroad, or other family law matter, call Louise Daniel on 0161 761 4611 or email her at louise.daniel@whnsolicitors.co.uk
