Can I take my child abroad without the father’s consent?

If the father has parental responsibility for the kid, then it is not permissible to take the child overseas without his permission. Under the Kid Abduction Act of 1984, it is illegal for a parent to remove a child under the age of 16 from the United Kingdom without the proper authorization. Failure to get authorization might result in incarceration for child kidnapping. Continue reading to find out more.

Solent Family Mediation children’s lawyers in Brighton

If you wish to take your kid on vacation or overseas to live and are unsure if you need the father’s permission or if you need help on obtaining a child arrangements order, call the lawyers at Solent Family Mediation Brighton on 0238 161 1001.

When sending your child abroad ends in disaster

It is tempting to believe that because you are the mother, you do not require permission to take your kid on vacation or to live abroad. That is precisely what occurred in November 2016, when a mother was sentenced to prison by the Devon County Court. The mother, who cannot be recognized for legal purposes, took her daughter to Cambodia in direct violation of a court order and against the desires of the father. Before departing the United Kingdom in December 2013, the lady withdrew £30,000. Later, she and her daughter were ejected from Cambodia for visa violations.
Judge Graham Cottle remarked in sentencing her to 2 years and 6 months in prison that he did not agree with her defence that she was acting in the best interest of the kid. Cottle stated that her disregard for the court order “indicates that you did not have her best interests in mind.” You have entirely erroneous and egocentric interests at heart.” Consequently, the daughter has been placed with a foster home while her mother serves her term.

Who has parental responsibility for a child, and so must be questioned before to a vacation?

Parental responsibilities are automatically conferred on all moms and dads who are:

  • Listed on the birth certificate (as of December 1, 2003); or
  • Whom the mother has married.

A father can acquire parental responsibility by marrying the mother (either before or after the birth of the child), by a court order, or by signing a parental responsibility agreement. If the father does not have parental responsibility, you are not obligated by law to obtain his consent before to travel, however it is recommended that you do so.

When may you take your child overseas without the approval of the child’s father?

If you have a child arrangement order stating that the kid shall reside with one parent (you), you are permitted to take the child abroad for up to 28 days without authorization, unless a court ruling indicates otherwise.
You may also take a child overseas on vacation if a court ruling specifically authorises you to do so. To acquire one, you must demonstrate to the court that the travel is in the child’s best interest. Bring to court your date of departure, date of return, mode of transportation, and any other important data, including separation background information. My experience has shown that such preparedness typically pays off. I would advise you to talk with a Brighton children‘s attorney before going to court. Based on years of expertise, they will be able to provide you with an unbiased assessment of your possibilities of success. Remember that their advise will be more accurate the more you disclose about your connection with the father.

Problems you may encounter while travelling overseas with a kid

When travelling overseas without the child’s father, it is prudent to be prepared for queries from border officials. Although written approval from the father is not necessary, I strongly advise that you obtain it. Request that the father send a letter confirming their agreement with the holiday plan and provide their contact information and holiday plans. Upon request, you can then provide this to border officials.
Over the years, hundreds of thousands of parents have been detained at British airports, ports, and railway stations on suspicion of child abduction because their surname does not match that of their kid. In the United Kingdom, a child’s passport has simply their name, date and place of birth, with no mention of their parents. Therefore, we urge that you provide a copy of the birth, adoption, or divorce certificate as further proof of your link to your child.

Brighton child attorneys

If you are concerned about requiring permission to take your kid abroad and want to understand your legal and court alternatives, or if you require a child arrangements order, call the Holmes Chapel office of Solent Family Mediation Brighton on 0238 161 1010.

Contact a Family mediator in Brighton today on 0238 161 1051

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