Can I take my child outside the jurisdiction after a divorce/separation?

When taking your child outside the jurisdiction, you need the written consent of all those with parental responsibility. The consent should be in writing and signed. There are two exceptions to this rule.

• If you have a court order stating that your child must live with you. You are permitted to take your child abroad for up to 28 calendar days without the consent of their other parent and anyone else with parental responsibility.

• If you are a Special Guardian. Special Guardians will have a court order appointing them. They are permitted to take the child outside the jurisdiction for up to three months without parental consent.

If the above exceptions do not apply, it is important to make sure you have written consent from all those with parental responsibility. The consequences of failing to obtain consent may find you subject to child abduction proceedings. You should ensure you ask for written consent as early on as possible in case there is any difficulty obtaining this.

What consent is needed to take my child outside the jurisdiction?

You should obtain written consent from all individuals with parental responsibility of the child. The meaning of outside the jurisdiction is outside of England and Wales. Therefore, consent is required to take your child to Scotland or Northern Ireland.

You will also need to familiarise yourself with the entry requirements for the specific country you are intending to visit as this can vary.

Who has parental responsibility?

A child’s birth mother automatically has parental responsibility upon birth. A father has parental responsibility if he is married to the mother at the time of the birth or, if he is named on the child’s birth certificate.

Parental responsibility can also be granted with the mother’s permission in the form of a parental responsibility agreement, and it can also be obtained by order of the court.

Some other individuals may also hold parental responsibility, such as adoptive parents, stepparents who have been granted it through agreement or court order and on occasion, the Local Authority by court order.

What if my child’s other parent or individual with parental responsibility will not consent to me taking them outside of the jurisdiction?

If your child’s other parent or an individual with parental responsibility does not consent, you should seek legal advice immediately. A specialist family law solicitor may be able to negotiate on your behalf with your former partner to try and agree to consent being provided.

Where this is not possible, an application can be made to the court for a specific issue order seeking consent to take your child outside of the jurisdiction. When considering the matter, the court will look at what it believes to be in your child’s best interests.

The courts tend to be of the view that family holidays are beneficial. It provides the child quality time with their parents and exposes them to new experiences and cultures. This creates good childhood memories which is in their best interest. Due to this, there would need to be a genuine reason for the court not to grant you permission. An example could be when a child only spends one night a week with the parent who is proposing to leave the jurisdiction. The court may find granting that parent an extra-long period of time looking after the child is not considered in the child’s best interests.

What documents should I take to prove I have consent?

You are advised to take the following documents away with you:

• Written consent of your child’s other parent or those individuals with parental responsibility. While verbal consent is acceptable in principle, you need to be able to prove that you have consent.
• Full contact details for your child’s other parent and other individuals with parental responsibility. Contact details may include full name, address, contact number and email address.
• Your child’s birth certificate or adoption certificate. This is particularly important if you have a different surname to your child.
• Your divorce or marriage certificate if this shows your change of name. This can also assist if you have a different surname to your child.
• Full details of where you will be going. This may include location, flight/transport details, hotel name, and duration.

To seek personalised advice, speak to one of our expert family lawyers by emailing FamilyNewEnquiries@everys.co.uk or by calling 01392 477983