Travelling abroad after a divorce can bring a number of issues, especially when travelling with children. If you’re a recently separated parent and are considering a trip outside the UK with your children, it’s essential to understand the legal implications of doing so. Anthony Jones explores…
Travelling abroad with children after divorce requires careful consideration and planning. Before you make any plans, it’s important to review the arrangements in place and ensure all parties involved are in agreement.
In general, where parents share parental responsibility, written permission would be needed from the other parent (or those with parental responsibility) to take a child abroad. This permission should be in the form of a letter, signed by both parents, which is valid for up to three months. It should include details such as dates, destination, contact information and the duration of the trip.
If the other parent refuses to provide permission, the parent wishing to travel abroad can make an application to the court for permission. This application should include details of the child’s destination, the proposed travel dates and the reason for the trip. The court will consider all the information and decide whether to grant permission.
Where a parent has sole parental responsibility, unless the court order states otherwise, that parent can take the child(ren) abroad for 28 days without permission of the other parent.
It’s also important to be aware of any potential legal implications of travelling abroad with children after divorce. Depending on the destination, additional documents may be required, such as a passport and visa. If the child has a different surname to their parents, it could be necessary to provide further evidence of the relationship between them.
Finally, it’s worth considering any other factors which may affect the trip, such as the safety of the destination or any potential cultural differences.
Travelling abroad with children after divorce can involve some hurdles, but with the right guidance it can be a rewarding experience for everyone involved. If you’re considering travelling with children after divorce, it’s important to seek legal advice to ensure you’re aware of all the necessary legal requirements and implications. O’Donnell Solicitors can provide help and guidance throughout the process, ensuring you have the best chance of a successful trip.
Anthony Jones is Head of Family Law and is a Resolution Accredited Specialist. For more information or a second opinion, please contact him on 01457 761320 or email firstname.lastname@example.org