In their latest guest blog, Avery Walters discuss what you need to know when travelling abroad with children if you are separated, divorced or have different surnames.
As the ice melts away and we rapidly approach Easter many families are planning to travel abroad in search of sunny weather.
If you are travelling with children, after months of anticipation and excitement mounting, imagine the tears and tantrums there would be if, once you had arrived at the airport, you were not permitted to fly and instead of boarding the plane, had to return home again.
Few appreciate the difficulties that can arise when travelling to a different country if you are travelling abroad with a child and you are not that child’s parent (for instance, you are the child’s grandparent), or if you and your child have different surnames.
Before taking a child abroad it is important that either permission for the trip is given by everyone who has Parental Responsibility for the child, or in the absence of consent, a court order is obtained permitting the child to travel. To take a child abroad without such authority could amount to the criminal offence of child abduction being committed.
You may need to take extra documentation to ensure that your travel plans go ahead such as:
· Copy birth or adoption certificate showing your relationship to the child;
· Divorce or marriage certificate;
· Change of name deed;
· Letter from one or both of the child’s parents (with contact details) giving consent for the child to travel;
· Court order permitting the child to travel.
It is wise to speak in advance to the airline you are flying with however it is your responsibility to check the up to date entry and exit requirements of the country that you are travelling to and to take the appropriate documentation with you.
It is also useful to check the Home Office Website for further information.
If you cannot reach the other person with parental responsibility for the child, or they decline to give consent for your child to travel, you may have to apply to court for permission to take the child abroad. If this is necessary you must ensure that you do so in good time ahead of the planned trip to allow sufficient time for the application to be dealt with.
If you need to check where you stand or have any other family law queries, give me, Andrew Parascandolo a call on 0113 200 74 80 or email ap@averywalters.com to book your FREE initial consultation quoting Mumbler as a reference.
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