We appreciate that putting your children’s needs first is critical. Expert legal advice and guidance can be invaluable as you try to work out the best way forward for you and your family. This can be in relation to big things but also the matters that may not seem important to others, but are central to you.
After the event of a divorce or family separation, there are many practicalities to consider including travelling abroad with your children. Making holiday arrangements involving children after a divorce doesn’t have to be a battle. Our specialist child travel solicitors are on hand to seamlessly explain your rights and help you make travel arrangements as quickly and easily as possible.
About our child travel solicitor services
Our family law solicitors are experienced in handling all manner of cases relating to children in a sensitive and child-focused manner.
With years of experience advising families about travelling abroad with a child, during or after divorce or separation, our solicitors will guide and support you throughout the legal process.
Whether you wish to take your child on holiday or have been offered a work position abroad, our child law specialist solicitors will explain the legal implications of travelling with children if you are separated.
If you are in a dispute over child travel consent and arrangements or would simply like straightforward legal advice, get in touch with our family law solicitors.
Getting permission to take a child abroad
Following a separation or divorce, if you share parental responsibility for your child with another person, neither of you can take your child out of the country for any purpose without written consent or a court order granting permission.
However, if there is already a court order in place that proves that the child lives with you, you can take the child abroad without the other parent’s consent. However, it is always sensible to discuss plans well in advance and keep the other parent informed.
If there is no court order and the other person with parental responsibility for your child refuses to consent, permission to travel with your child must be sought from the court.
Do we have to go to court?
No, if you already have a court order or you can come to an agreement with whomever you share parental responsibility, you will not need to attend court to take your child abroad. However, if you are unable to agree on suitable arrangements, or you’re worried about your child’s welfare, then you will have to go to court.
How do I get consent to take my child on holiday if we do not agree?
If a court order (child arrangements order) says your child lives with you, you can take your child abroad for a maximum of 28 days without obtaining permission from the other person with parental responsibility. This applies unless the court order states that you cannot take your child abroad for any given reason.
If you do not have a court order you must get permission from everyone with parental responsibility, or from a court, in order to take a child abroad. Taking a child abroad without permission is classed as child abduction, which constitutes a criminal offence under the Child Abduction Act 1984.
If you are able to reach an agreement with the other parent or person with parental responsibility, you do not have to go to court and obtain an order. A letter from the other person is often enough to prove permission has been granted to take your child abroad. You may be asked to show this letter at a UK or foreign border while travelling. The letter should mention the contact details of the person with parental responsibility and details of the trip.
If you are a single parent or travelling with your child with a different surname, carrying evidence of your relationship with the child, such as a birth or adoption certificate, and a divorce or marriage certificate can also help.
In the unfortunate event that you have to obtain permission from a court, you must give details of your trip and the contact details of people with parental responsibility staying in the UK. Our child law solicitors can provide legal advice on how to obtain permission to take your child on holiday.
Moving abroad with a child
Following the end of a relationship, one parent may decide to start a new life abroad and wish to take the children with them. This could be due to a number of reasons including wanting to be closer to family, friends, and support networks overseas, accepting employment abroad, or because they seek a better quality of life in another country.
If all adults with parental responsibility agree, then there is no need to go to court. However, if an agreement cannot be reached then the parent wishing to take the children to live abroad will need the court’s permission.
Whether you are a parent who would like to move abroad or a parent who will remain in this country, we recognise that this will be an incredibly difficult time for you. Relocation cases are extremely complex and require sensitive handling. Therefore, we recommend taking legal advice from a solicitor as soon as possible.
Moving within the UK with my child
There are a number of reasons families decide to move around the UK. One reason is that a relationship has broken down and a parent wishes to move away for a new start with their children.
Leaving the current home and moving within the UK can be disruptive to the children’s relationship with the parent who is not moving. Sometimes, it can be just as disruptive as moving abroad. That’s why any case that involves children relocating away from a parent requires the utmost sensitive handling.
There are currently no legal or statutory provisions that require separated parents to seek permission to move within England and Wales. However, relocation that requires a child to change schools or impacts any arrangements set by the court to allow a child to spend time with the other parent, will need to be agreed with the other parent or any person with parental responsibility. Even in instances where permission is not required, getting the approval to relocate within the UK with your child can allow for a smoother and less stressful process for all parties.
If an agreement for to the relocation of the child cannot be made, arrangements will be determined by the court, or through other methods of resolution such as arbitration. Our child law solicitors can handle the proceedings in a child-friendly, cost-effective, and efficient manner.
Why use Trethowans?
At Trethowans, our compassionate and friendly child and family law solicitors are here to help.
We can assist you in resolving any dispute that may arise about your child being taken out of the country for the purposes of a holiday. If it is not possible to reach an agreement through negotiation, we can deal with an application to court for an order giving you permission to remove your child, or if you are the parent opposing the holiday or move abroad, an application to court for an order preventing your child’s removal.
Here are just some of the reasons why you should choose us for a smooth and stress-free experience.
Free initial consultation
During your free consultation, one of our expert child law solicitors will explain the process of travelling with children after going through a divorce and the options that are available to you. This time also allows you to address any additional concerns you have, including care of your children.
From your free consultation right through to settling your family matter, our child law specialists will support, advise, and guide you.
Independently recognised by leading organisations
Our family law team have been recognised by several independent organisations. We were finalists at the Family Law Awards 2024 and are acknowledged in leading legal directories; Legal 500 and Chambers.
Our services and solicitors are equipped to handle everything from travelling abroad if your child has a different surname to grandparent rights.
We always provide a professional and reliable service, so you always receive trustworthy and up-to-date legal advice.
Resolution Members Adhering to the Code of Practice
Our child law solicitors are members of Resolution, which follows a Code of Practice to ensure that your personal data and circumstances are dealt with in the most dignified and constructive manner.
Contact us today
For more information about how we can help manage the issues involving travelling abroad with your children if you are separated, please contact us to book a free consultation today.
