With summer approaching, many families will be planning trips abroad – but James Brien, founder of Easy Online Divorce, is reminding parents going through a separation that failing to follow the right steps could lead to serious trouble.
“If you’re planning to take your child abroad after a divorce, you need to make sure you’re following the legal rules,” James said.
“In the UK, taking a child out of the country without proper permission can lead to serious consequences, including being accused of child abduction.
If there’s a child arrangement order stating that your child lives with you, you can take them abroad for up to 28 days without permission – unless the court order specifically says otherwise.
In all other cases, you’ll need written consent from everyone with parental responsibility, which usually means both parents but can also include guardians or certain relatives.
This written permission should include details of the trip and contact information.
“Getting written consent isn’t just a box-ticking exercise—it’s a legal must-have that helps avoid disputes and potential legal trouble,” James said.
“If the other parent isn’t on board, you may need to apply for a ‘Specific Issue Order’ from the court. The court will look at things like the child’s best interests, the reason for the trip, and how it might affect their relationship with the other parent.
“If you travel without permission or a court order, you could face serious penalties, including prison,” he warned.
However, James reassures parents that in most cases, traveling with your child won’t cause any issues, if you and your ex are in agreement and your child has the same surname as you.
- To avoid problems while traveling, you should carry more than just your passport and boarding pass. Essential documents include:
- Proof of your relationship with your child, such as a birth or adoption certificate
- Written consent from everyone with parental responsibility
- Any relevant court orders
“Speaking to a family law expert can really help,” James said. “They’ll make sure you’re covering all bases and avoiding any legal headaches.”
Parents should also check any travel restrictions or rules for their destination, as some countries have strict requirements for children traveling with one parent.
James added: “Some places need extra paperwork, so check the immigration laws before you go. A bit of preparation and good communication with the other parent can make all the difference – helping everyone enjoy a hassle-free holiday.”
