Planning a Christmas trip abroad? You may need permission of the other parent

21 November 2024

If you are thinking of going away with the children over the school holidays then you need the permission of everyone with parental responsibility.

To clarify what is meant by parental responsibility, it is all the obligations, responsibilities and rights parents have in relation to their children. So that means the duties you have to look after , protect and educate your children. Mothers automatically have parental responsibility and fathers gain it through being married to the child’s mother or being named on the child’s birth certificate.  

The exception to obtaining the permission of the other parent is where you have a court order in place that says the children are living with you. If that’s the case, then no permission is needed if you going away for up to 28 days. If it’s for over that time then you must get the permission of the other parent.

The simplest way to obtain the other parent’s permission is to have a letter from them giving their permission for you to take your children away for a trip outside the UK. You can then show that letter if questioned at Border Control.

It’s also sensible not just to have the letter with you to show but also proof of your relationship to the children such as a copy of the birth certificate.

One point is that if your surname on your passport is different from your children then you may need to have a copy of your marriage certificate or final order (if divorced) to show.

If the other parent is not giving their permission then you will need to apply to court to seek the court’s permission to take the children away.  

Clients are often shocked when I tell them that failure to follow the right procedure on taking a child out of the UK can lead to criminal charges for child abduction. So this is a matter you need to get right.  

If you have any questions on parental responsibility and trips abroad with your children, please feel free to contact me.