With the October half term fast approaching, and the festive period upon the horizon, travel plans with the family will no doubt be at the forefront of many of our minds. However, if you are co-parenting following a divorce or separation, this can be far more complicated than just arranging travel and accommodation.
Travelling within the UK
Let’s start with the simpler part: If you are travelling within the UK, then you do not need permission from the other parent even if you are braving the cold in Scotland. While permission is not required it is generally advisable to provide details of travel arrangements, in case of emergency and to promote a positive co-parenting relationship.
Travelling abroad
Now, on to the more complicated part: If you are planning to travel outside of the UK with your children, you will need consent of all those with parental responsibility (PR). This is usually just the other parent. All mothers automatically have PR, and fathers acquire it by being named on the birth certificate or by virtue of being married to the mother when the child is born. PR can be obtained by other relatives/ guardians in certain circumstances.
Confirmation from the consenting parent usually comes in the form of a signed letter. This should be kept with you whilst travelling along with a document evidencing that you are the child’s parent, for example the birth certificate. In addition, if you have a different surname to your children then you should carry your Decree Absolute/Final Order of Divorce or marriage certificate.
In the unfortunate event that an agreement cannot be reached, and the other parent will not consent then a Court application will be necessary. An application would need to be made under Section 8 of the Children Act 1989 for a Specific Issue Order. This would involve filing a C100 form at the Family Court closest to where the children live. Such applications are usually granted, unless there is good reason as to why the child should not be taken abroad.
The Exception
As any lawyer will tell you, nearly all rules have an exception, and this situation is no different. If you already have a Child Arrangements Order in place, which states that your child “lives with” you then permission is not required from the other parent if the trip is for 28 days or less.
Summary
Making travel arrangements can be very challenging whilst separated and it is always best to communicate openly and well in advance about such matters where possible. If you are having difficulties with your ex when arranging travelling with your children or anything else family law related (child arrangements, divorce & the associated financial matters, cohabitation issues, pre or post nuptial agreements) please get in touch and a member of the team will be there to help:
Tom@beechamfisher.co.uk
01702 348384