Do I need my ex-partner’s permission to take our child abroad?
Before you take your child abroad you need permission of everyone with parental responsibility or from the court. The consent of the other parent is not required for travel up to 28 days if you have court order setting out the child lives with you.
Who has parental responsibility?
Mother’s automatically have parental responsibility when a child is born. Fathers also have it if they are married to the mother when the child is born or are listed on the child’s birth certificate.
How do I get permission?
It is advisable to take a permission to travel letter. This is a letter signed by the other parent confirming that they give consent to the trip. The letter should include:
- Full names and contact information of both parents and passport details
- The child’s full name, date of birth and passport details
- Details of the trip, including destination, duration and dates of travel
- Signature of the parent providing consent
Check the requirements of the country you are travelling to as some require this letter to be notarised.
If is also advisable if you hold a different surname to your child to carry their birth certificate showing the names of both parents and if one parent has since married, their marriage certificate.
What if they do not give consent?
If consent is refused you will need to obtain an order from the court allowing you to take the child abroad.
To make the court application you will need to provide details of the following:
- Destination
- Travel dates
- Contact details for everyone with parental responsibility
Contact Rachael at rachael.chadwick@wellerslawgroup.com to discuss more.