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.