By Kim Mapperson, Family Solicitor & Armed Forces Covenant Coordinator
A question we are commonly asked as experienced family law solicitors is whether, as a separated family, you can take your children abroad?
Assuming that, as we all hope, Coronavirus restrictions continue to be eased, it may be possible to take your family abroad this year. However what happens if you are a separated parent and you want to take your children abroad?
To ensure you do not commit an offence under the Child Abduction Act 1984, you should have the permission of all those that hold parental responsibility in respect of your child.
It is important that you firstly understand who has parental responsibility for your children. In England and Wales if you are a child’s birth mother you will automatically have parental responsibility for a child.
If you are a child’s father and were married to the mother when the child was born you will also automatically acquire parental responsibility for a child.
If however you were not married to the child’s mother when the child was born there are still ways in which you may have parental responsibility or acquire it. You may acquire it by being named on the child’s birth certificate or by a parental responsibility agreement endorsed by the court.
It may be prudent to obtain written permission from all those who have parental responsibility before travelling abroad and taking this written permission with you. Queries have been known to be raised by providers where your surname is different to that of the travelling child for example.
If the court has made a Child Arrangements Order (previously a Residence Order) that the children shall live with you, you are permitted to take your children on holiday for up to 28 days without the permission of the other parent. It would be important however that you take a copy of this Order with you when travelling. You should read your child arrangements order carefully to ensure that you have complied with any restrictions or notice periods set down in the order.
This area of law can be complex and can require further explanation, we appreciate everybody’s circumstances are different. We would be happy to assist you further.
Please do not hesitate to contact us for further information on 01630 652405.