"Jet-Setting After Divorce: Your Rights to Take Your Child Abroad"

The law on taking a child abroad

The law on taking a child abroad is complex and can be difficult to understand. There are a number of different laws and regulations that apply, and the specific situation will determine which laws apply.

In order to remove a child from the jurisdiction of England & Wales, temporarily for the purposes of a holiday, every person with Parental Responsibility must give their consent. Evidence of consent can take the form of a written letter, a signed consent form, or a court order. If you do not have evidence of consent, you may be stopped from taking your child abroad. If you have a court order naming you as the parent with whom the child lives (a live with order), you do not need to obtain consent from the other parent to take your child abroad. However, you should still notify the other parent of your plans and provide them with the contact information for the place you will be staying.

Is there a time limit of how long I can take my child out of the country for?

Yes, there is a time limit of how long you can take the child out of the country. If you have a child arrangements order, the order may specify the amount of holiday time the child can be away from the UK. If the order does not specifically state a number of days and you are named as the parent with whom the child lives, you can take your child out of the country for up to a maximum of 1 month without the other parent's consent.

If you exceed the time limit, you may be considered to have abducted your child. This could result in you being arrested and charged with a crime. It is important to note that if you are divorced or separated, you may still be considered to have abducted your child, even if you have joint parental responsibility.

What happens if the other parent does not consent?

If the other parent does not consent to the trip, you should be aware that the other parent may try to prevent you from going. They may file a court application to prevent you from taking the child abroad know as a prohibited steps order.

The practicalities of taking a child abroad

There are a number of practicalities that parents need to consider when taking a child abroad. For example, they will need to make sure that they have the correct documentation, such as a passport and visa for the child. They will also need to make sure that they have enough money to cover the costs of the trip, such as travel, accommodation, and food.

It is also important to consider the child's welfare when taking them abroad. For example, parents should make sure that the child is comfortable with the journey and decide whether indirect contact with the other parent is going to take place whilst away on the trip. This is particularly important if the child is young.

The benefits of taking a child abroad

There are a number of benefits to taking a child abroad. For example, it can be a great way for them to experience different cultures and learn about different ways of life. It can also be a great way for them to bond with their parents and create lasting memories.

What to do if you are considering taking your child abroad

If you are considering taking your child abroad, it is important to seek legal advice. A lawyer can help you understand the law and your rights and can advise you on the best course of action. They can also help you to make sure that you have all of the necessary documentation and that you are aware of the risks involved in travelling abroad.

Some of the steps that we would advise taking include:

• Informing the other parent of your plans early.
• Gaining evidence of the other parents consent in written form so that you can take it with you.
• Leaving details and contact information of where you are staying with the other parent.
• Encouraging contact, where appropriate, with the other parent whilst you are abroad.
• Being clear about the duration of any time spent out of the country and clearly informing the other parent of your return date.

Going through a divorce or separation is never easy, but with the right support, you can ensure that you are making the best decisions for you and your children. Give us a call today on 0333 9205911 to schedule a consultation or visit our website at www.familylawconsultants.co.uk if you feel you need the help and support of our dedicated, expert family team.

Written by Joanne Bennett