With The Great British Bake-Off now back on our screens, there can be no denying that the summer is well and truly behind us. However, with the October half-term around the corner and the Christmas holidays insight, it is never too early to start thinking about the practicalities of taking a child on holiday outside of England and Wales.

The key thing to remember is that anyone taking a child out of the jurisdiction (i.e. outside of England and Wales) must have the consent of every person with parental responsibility for that child. This applies equally to married parents, unmarried parents, separated parents and other family or friends who wish to take children abroad. As explained later, there is one exception to this.

Parental Responsibility

Parental responsibility refers to the rights and responsibilities that an individual possesses in relation to the care of a child and is most commonly applicable to parents. Parental responsibility is automatically given to birth mothers, and fathers and second female parents also gain parental responsibility in the following circumstances:

-         They are married to or in a civil partnership with the child’s mother prior to conception (in which case parental responsibility is acquired automatically);

-         In the case of unmarried fathers or second female parents, they are registered on the child’s birth certificate at the time of birth.

Fathers, second parents, or other individuals (for example, grandparents) can gain parental responsibility in the following ways:

-         They have entered into a parental responsibility agreement with the mother (or other person/people with parental responsibility)

-         They have obtained a Child Arrangement Order

-         They have obtained a Parental Responsibility Order

-         They become guardian (usually following the parent(s)’ death and following a Special Guardianship Order being made by the court).

Child Arrangement Order

A Child Arrangement Order is a court order that provides who a child lives with, and what any ‘spend time with’ arrangements should be.  

Where a Child Arrangements Order provides that the child(ren) live(s) with one or both parents (what’s referred to as a ‘lives with’ order), the person(s) with the benefit of the this order can take the child(ren) outside of the jurisdiction, for up to 28 days at a time, without needing to obtain consent from anyone else with parental responsibility.

Any person who does not benefit from a ‘lives with’ order, must obtain the written consent of everyone with parental responsibility in order to take the child outside of the jurisdiction for any given period of time. For example, if one parent had a ‘lives with’ order and the other had an order that the child ‘spend time with’ them, the parent without the former would need to obtain permission from the parent that had the latter before removing them from the jurisdiction.

Obtaining consent

If consent is required to take a child out of the jurisdiction, e.g. for a holiday, that consent should be written and, ideally, in the form of a signed letter. The letter should include the express consent of the person(s) required to give it, should include the contact information of all persons with parental responsibility, and should include specific details about the holiday.

If written consent is not given, it is still possible to apply to the court for an order granting permission to take the child outside of the jurisdiction. In these circumstances, the court’s paramount consideration is what is in the best interest of the child. The court is likely to grant permission to take the child abroad unless there is legitimate concern (for example, that the child will not return from the country, that the place is not safe, or if they will be required to miss school without good reason).

If a child is removed from the jurisdiction without written consent from everyone with parental responsibility, or a court order, this may amount to child abduction, which is a criminal offence.

Practical Tips

-         Plan ahead – ask everyone with parental responsibility for written consent well in advance of your holiday so that you have plenty of time to discuss the matter and address any questions that they might have;

-         Provide those with parental responsibility with full details of your holiday (such as specific dates, flight details, accommodation details) and your full contact information;

-         If you have a different surname to the child, you should carry evidence of your relationship to them (for example the child’s birth certificate, adoption certificate or a Child Arrangement Order);

-         For a belt and braces approach, you may wish to carry a copy of the consenting parent’s ID;

-         You may wish to evidence your relationship with those who have signed the letter providing consent (for example you could carry a copy of your marriage certificate or final divorce order/Decree Absolute);

-         Research the border requirements for the specific country that you are visiting, as requirements may differ and you cannot assume that the same rules will apply when leaving that country when compared to the requirements for England & Wales.

For advice on the legal aspects of taking a child abroad, please telephone us on: +44 (0) 203 824 9950 or email: mail@burgessmee.com

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