Summer holiday booked – “phew!”
Travel Insurance – check!
Suitcases in the garage – check!
Summer clothes down from the loft – check!
Passports in date – check!
Permission to travel letter from former spouse/partner – eerrrmm!
When and Why Parents Require a Permission to Travel Letter
You do need consent: If you and your former spouse/partner have parental responsibility for a child, neither of you are permitted to take the child outside of England and Wales without the other parent’s written permission. To ensure there are no difficulties for you at the airport and so that you do not face the criminal offence of “child abduction” you should obtain a permission to travel letter from the parent not travelling.
Winston Solicitors with our specialist Family and Divorce Solicitors based in Leeds can assist in the preparation of a permission to travel letter to help you and your child(ren) have a smooth departure.
You don't need consent: If you have the benefit of a “live with” (residence) child arrangement order or a “shared care” order, then you are permitted to take your child abroad for a period of up to 28 days without the other parent’s written consent. It is therefore important that you carry a copy of the child arrangement order with you when you travel.
We would always advise that even if consent is not required you provide the other parent with the full details of the holiday arrangements.
This check list should include:
- destination
- flight
- accomodation details
- contact information
We would still recommend that you obtain written permission from the non-travelling parent to hand to airport authorities.
Travelling With 'Other People's Children'
Please remember that where neither parent is travelling with the children, for example they are travelling with grandparents or friends, then a permission to travel letter is required from both parents.
If you anticipate consent will not be given then an application will need to be made to the court, this is known as a specific issue application – which can take time, maybe as long as 4 months, so do not leave it until the last minute to make an application.
The courts will typically consider holidays a good experience for children so there will need to be an extremely convincing argument placed before the court for example risk of abduction or safety concerns to prevent a holiday taking place.
Winston Solicitors would therefore strongly advise that you obtain a permission to travel letter which we can prepare for you and help you try and reach an agreement with your former spouse/partner. We are also able to make an application to court on our behalf (if refusal is anticipated).
Please place a permission to travel letter high up on your checklist.
