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

  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more
  • Can you make a WhatsApp will?
    Key legal requirements and future outlook.


    Read more
  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more
Send this to a friend