Skip to main content

Insight article

March 27, 2024

Travelling abroad with a child who has a different surname

When travelling abroad with a child, parents often question the legal implications, especially if the child has a different surname.

Travelling abroad - picture of a little girl with sunglasses seen through a rubberring

In England and Wales, the Children Act 1989 primarily governs parental rights and responsibilities. It outlines the rules regarding parental responsibility, including decisions related to a child’s upbringing. Below, we provide information on the legal considerations surrounding taking and travelling abroad with a child abroad and guidance to navigate this situation.

Understanding parental responsibility

Parental responsibility encompasses all the rights, duties, powers, responsibilities, and authority a parent has concerning their child and their property. It includes making important decisions about the child’s education, health, religion, medical interventions, and general upbringing.

Permission requirement for taking a child abroad

The law is clear regarding travelling abroad internationally with a child. If a parent intends to take their child out of the UK, they must obtain permission from all individuals who share parental responsibility for the child or seek the court’s permission. This requirement applies regardless of whether the child shares the same surname as the travelling parent or not.

Consequences of travelling abroad without permission

Taking a child abroad without the necessary permission can be considered child abduction, which is a criminal offence. It is, therefore, crucial for parents to understand the steps and permissions they must take before booking a holiday abroad.

Exceptions to the permission requirement

While permission from all those with parental responsibility is required to take a child abroad, there is an exception to this rule. A parent with a Child Arrangement Order specifying that the child lives with them can take the child abroad for up to 28 days without seeking permission. It is always advisable to inform the other parent if you are taking the child out of the country, as communication promotes and aids effective co-parenting, but their permission is not required. 

It is essential to consult the specific terms of the Child Arrangement Order and ensure compliance with any restrictions or conditions.

Handling different surnames

In situations where a child has a different surname from the travelling parent, it is advisable to carry evidence of the parent-child relationship should you need to clarify the difference in surnames. Carrying such documentation can help mitigate potential difficulties at border controls or when questioned about the child’s identity. Supporting documentation may include the child’s birth certificate, divorce or marriage certificates, or a letter of consent from the other parent clearly stating their agreement to the child’s travel.

What to remember when travelling abroad with a child with a different surname

When planning to travel abroad with a child, it is essential to understand and comply with the legal requirements surrounding parental responsibility.

  • Seek permission from all individuals with parental responsibility.
  • Follow the directions of any court orders concerning the child.
  • If the child
  • has a different surname from the travelling parent, carry the relevant supporting documents to help facilitate smooth travel.

By following the legal guidelines, parents can ensure the best interests of their children while enjoying travelling abroad.

Contact family law solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • How should an employer respond to a ‘heat of the moment’ resignation?
    Employers should remember that a 'heat of the moment' resignation should be treated differently from those that come in the usual course of business. They are often verbal and unexpected and usually follow a workplace disagreement. To do otherwise ma


    Read more
  • An Introduction to Private Client Law
    Lasting Powers of Attorney


    Read more
  • Understanding financial provisions on divorce
    Divorce can be emotionally challenging, and navigating the financial aspects can add to the challenge.


    Read more
  • Digital divorce: the highs and lows
    According to figures from the Ministry of Justice, digital divorce applications rose by 20% in the year following the introduction of no-fault divorce (2022 to 2023).


    Read more
  • Agile AI Regulation: Moving with the times
    Artificial intelligence (AI) is becoming more prominent everywhere we look in our everyday lives. The critical questions for those trying to make AI safer with regulations are: how broad, how soon and how strict should they be?


    Read more

What they say...

  • Peter W, May 2024
    “Patrick Simpson provided first class support when I experienced redundancy. I couldn’t have asked for more. Demonstrating his superior knowledge and experience and explaining everything to me with crystal clarity. Efficient and timely with a

  • Mr Rose, April 2024
    “The firm acted for me in an employment matter where the issues were as much practical as legal. The advice given was thorough and clear, marrying black letter law to the practicalities. This helped me greatly in achieving a satisfactory outcom

  • Brian Higgins, April 2024
    “Patrick was excellent, responded quickly and gave concise, clear advice. He made the process very straightforward.” Employment

  • J. Cassell, April 2024
    “We were advised by Charlotte Barbaroussis. Her dealings were very professional. She was pleasant easy to deal with and very approachable. Her help during the process of setting up my wife’s and my will made the task a lot easier.”

  • David Delicata, April 2024
    “I dealt with Pippa Marshall for my divorce, who was recommended to me by a friend who worked with Pippa for his complicated divorce. She was very professional and very informative. Pippa took her time to go through every aspect, and I really f

Read more
Send this to a friend