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Crossing borders, crossing lines: important considerations for separated parents ahead of overseas travel

Today I received my new passport from HM Passport Office and was pleased to find an accompanying leaflet including important information about preventing child abduction and top tips for travelling abroad. I still find it surprising how many parents are unaware of the restrictions against taking a child out of the country without appropriate consent and the consequent risk that they may be committing the criminal offence of child abduction.

Parents can take a child abroad for up to 28 days without the consent of the other adults who also have parental responsibility for the child, provided that they have a child arrangements order that says the child lives with them and the trip doesn’t encroach on the specific terms of that order. Otherwise, consent must be sought from everyone with parental responsibility or, in the absence of consent, a court order giving permission to take the child abroad.

With summer holidays just around the corner, now is the time for separated parents to make sure they have the written consent of all individuals with parental responsibility for their child before attempting to travel abroad. This is increasingly becoming an afterthought, resulting in undue stress and conflict in the run up to what should be an enjoyable holiday. It is crucial that this is dealt with early because, if the other parent refuses to provide that consent, an application will need to be made to the family court for permission to take the child on that holiday.

Whether a court will give permission to take a child abroad depends on several factors. The court will consider the best interests of the child, the details of the trip and any risks posed to the child of travelling to a particular country (including the possibility of them not being returned at the end).

In addition, if a child is at risk of being taken out of the country without your consent, or the child has already been taken to another country without permission, urgent steps can be taken to prevent it or bring them back to England. Steps can be taken, for example, to block a parent's attempt to remove a child from this country by applying for a Prohibited Steps Order. In some cases, it may also be appropriate for the court to make an order preventing the issue of a child’s passport, or requesting that a current passport is cancelled.

It’s crucial to act quickly if you believe there is a risk of your child being taken abroad without your consent and that specialist legal advice is obtained. 

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family law