Parents often ask whether they absolutely have to get permission from the other parent every time they take children out of the UK. It might be difficult, but yes, you do need to make sure that you’ve asked for, and got, permission from your children’s co-parent, although there are exceptions.
Here, our family law experts explore this complicated subject further.
The law around parental responsibility and travel
According to UK law, you need to get permission from every person with parental responsibility for your child – or an order from the court – if you’re planning take children out of the UK. Taking children abroad without the right permission is technically international parental child abduction, and no, it doesn’t matter that you’re only taking them on a short break, the same rules apply as if you were planning to move them abroad permanently.
Who has parental responsibility for my children?
If you’re their birth or adoptive mother, you’ll automatically have parental responsibility for your children. Fathers also have parental responsibility if they are married to (or in a civil partnership with) the children’s mother. Fathers don’t lose their parental responsibility just because they are divorced from their mother, or their civil partnership is dissolved, either.
A child’s father has parental responsibility as long as:
- he is/was married to their mother
- he is named on their birth certificate (and the child was born after 15 April 2002)
- he has entered into a parental responsibility agreement with the child’s mother, or
- he has a parental responsibility order
More about parental responsibility orders
Who else might have parental responsibility for children?
A local authority can sometimes take on parental responsibility for a child if they obtain an interim care order or a full care order. More about care orders.
A special guardianship order would also create parental responsibility as would an order that the child should live with that person. More about special guardianship orders
Can an unmarried mother take children out of the UK without their father’s permission?
The easy answer is no.
If a child’s father has parental responsibility, it doesn’t matter whether he spends time with them or not, their mother still needs his permission to take them out of the country. The only exception to this rule would be if there’s a court order stating explicitly that the child(ren) should live with her, as it usually also gives her permission to remove them from the UK for the purpose of a holiday up to a period of four weeks.
If there’s no court order, and you want to take your child out of the country, you’ll have to make sure you have the right permission.
Planning on taking children out of the UK on holiday?
If you want to take children out of the UK for a trip abroad, and you don’t live with their other parent (or anyone who has legal parental responsibility for them) you should plan ahead to avoid problems. Tell the other parent about your plans well in advance and ask them for permission well before your travel date.
They can’t unreasonably withhold their permission to travel, especially if it’s just for a holiday. Make it easier for them, by having all the right details to hand about where you’re staying, when you’re traveling and who’s going with you. If you tell them all they need to know, it’s harder for them to refuse their permission, although, of course, they still might try.
If they do refuse for any reason, you can apply to the court for what’s called a specific issue order. Don’t leave it to the last minute, though, as the court will need time to consider your application. They can set aside time to deal with urgent applications but it’s up to the court whether they consider your pre-booked holiday an urgent case.
Taking the children out of the UK permanently.
You will absolutely need permission from anybody who shares parental responsibility for the children if you want to relocate them permanently out of the UK. If you can’t get permission, you’ll need a court order. Click for advice on how to apply for a court order.
The court will need to decide if it’s in the best interest of the children to leave the UK long-term, and you’ll have to be prepared to disclose detailed information about your plans.
Residence orders
If you have a residence order – an order that specifies who your child should live with – there should be a paragraph or clause that allows for them to be taken out of the country for up to four weeks. This means there’s no need to ask the other parent every single time you take children away for a summer holiday or to visit family abroad.
If in doubt
It’s always wise to ask permission from the other parent, even if you think you already have it. At the very least, make sure they know where you’re going and when.
You don’t have to have written permission, although the family law specialists at Gillbanks Family Law recommend that if you can, you should get consent in writing – along with confirmation that if they change their mind about any aspect of their permission, it will also be confirmed in writing. This prevents a lot of misunderstanding later on. If you’re not sure, consult our family law specialists at Gillbanks Family Law.