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

By Solent Family Mediation |
June 27, 2022
child abroad

If the child’s father has parental responsibility for them, then it is against the law to remove the child abroad without first obtaining his consent.. 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

If you wish to take your child abroad 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 on 0238 161 1001.

Who has parental responsibility for a child, and so must be asked 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)

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 abroad without the approval of the child’s father?

If there is a child arrangement order indicating that the child will live with one parent (you), you may take the child abroad for up to 28 days without permission, unless a court judgement states otherwise..

You may also take a child abroad 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 Solent Family Mediation 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 taking your child abroad

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, lots of parents have been halted at various British airports, ports, and train stations. 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.

Solent Family Mediation

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

With the assistance of an impartial third party, families can engage in the process of mediation in order to agree about the future living arrangements of their children. The mediator does not instruct either party on what they should do, but rather works to improve the parties’ ability to communicate with one another and assist them in reaching their own agreements in an amicable manner.

Contact a Family mediator in today on 0238 161 1051