Post-Separation Travel with Children: A Guide for Parents

The school holidays are upon us and with the weather here in the UK leaving most of us in need of some sunshine, I have noticed a flurry of questions popping up in my WhatsApp parent groups and on social media about travelling abroad with children following separation. What has become clear from these questions, and some of the well-intentioned but perhaps misinformed responses, is that a lot of people remain unaware that they cannot take their children out of the country, even for a holiday, without the permission of the other parent.

It is a criminal offence to remove a child from the UK without permission of all other persons with parental responsibility (which generally the other parent will have) or a court order, so it is very important that you get things right when it comes to travel before you get on the plane. I have set out the following top tips in the hope that it helps some of those parents looking for guidance in advance of the summer break:

1. Get consent and get it in writing

If you would like to travel abroad, it is sensible to approach your child’s other parent as early as possible and before you make any travel arrangements. Ask them to confirm that they agree to the trip and get them to confirm that in writing. Some people have agreed a blanket permission letter with their former partner but, in order to ensure that you don’t get caught up with questions at the border, it is often helpful to have a note confirming their specific agreement to the particular trip including the dates, country to be visited, and a summary of the arrangements.

2. Consider non-court dispute resolution (“NCDR”) options if you reach an impasse

Whether you are the parent wishing to travel or the parent who is concerned about their child leaving the country, if you cannot reach agreement it is worth considering alternative forms of dispute resolution before you issue a court application. It is always better, and indeed less costly, to try to reach an agreement in respect of your children’s arrangements rather than have a judge impose a decision which might not be quite what either of you wants.

Mediation, where a qualified mediator discusses the issues with both of you and facilitates communication and discussion between you, is a great way of exploring both parents’ points of view and trying to find some middle ground so that you can reach an agreement without a third party imposing a decision. Arbitration is often also useful when there are single issues such as international travel. Unlike in mediation where you have to reach an agreement, if you agree to arbitrate you will essentially ask the arbitrator to act as a judge and reach a binding decision in relation to the issues before them.

3. Apply to court in good time in advance of the holiday

If you cannot agree the holiday arrangements with your former partner or agree an appropriate form of NCDR, you can apply to court for a specific issue order dealing specifically with whether or not the children can travel. When considering any application, the court will focus on the children’s best interests. You do have to have a good reason for refusing to consent to a trip abroad. This could include risk of the child being retained abroad (an abduction) or concerns about the children spending a lengthy amount of time with the parent who wishes to travel if that is not something which is part of their normal day to day routine.

4. Take other documents with you when you travel

If you are travelling alone with a child that does not share your surname, you can sometimes come across problems trying to cross borders, even if you have permission from their other parent to travel. Carrying a photocopy of your child’s birth or adoption certificate which shows that you are their parent can assist in this scenario, in addition to the written consent discussed above. If you have changed your name since their birth it may also be helpful to carry documentation evidencing your name change too.

5. Contact the police in an emergency

If you have refused consent for your child to travel with their other parent but you have reason to believe they are going to try to travel anyway, there you a few things that you can do to stop them. In urgent situations where you believe that the child is going to travel imminently (i.e. that same day) you should contact the police who will be able to assist you further. In less urgent scenarios, you can apply to court for an order prohibiting the other parent from removing the child from the country without the court’s permission. As above, the court will consider whether the holiday is in the children’s best interests and, absence obvious risk factors, they will generally be allowed to travel. You should therefore set out clear, child focused reasons for not wanting the children to travel.

6. Consider a Child Arrangements Order in the longer term if obtaining consent continues to cause issues

If travelling abroad continues to cause issues, particularly if your child’s other parent doesn’t spend much time with them but regularly uses their consent to travel as a weapon, it could be worth considering whether you could benefit from a court order which records that your children live with you.

If a dispute about children being taken abroad arises it is important to take legal advice which is specific to your circumstances as early as possible. The team at Kingsley Napley has a wealth of experience and can explain the options available to you so please do get in touch.

Further information

If you have any questions regarding this blog, please contact Sarah Dodds in our Family team. 

About the author

Sarah Dodds is a Senior Associate in Kingsley Napley’s family and divorce team, where she specialises in complex divorce and financial work as well as private children cases.