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Divorced parents and travelling with children – What do you need to know?

Divorce can be a challenging and emotional process, particularly when children are involved.

As divorced parents, it’s important to understand the rules and guidelines surrounding taking your child on holiday.

Communication and cooperation

When planning a holiday with your child as a divorced parent, open communication and cooperation are essential.

It is crucial to discuss and agree on the trip details, including the destination, dates, and duration.

Maintaining a cordial relationship and involving the other parent in the decision-making process can help prevent conflicts and ensure the child’s best interests are prioritised.

Consent and parental responsibility

Parental responsibility refers to the rights, duties, powers, and responsibilities that parents have in relation to their child’s upbringing.

It is important to obtain consent from anyone with parental responsibility before planning a holiday with your child.

Failure to obtain permission from all with parental responsibility to take a child abroad is considered child abduction.

If you have a child arrangement order that requires your child to live with you then you are able to take your child abroad for 28 days without getting permission, unless a court order states otherwise.

Court orders

If you haven’t got permission from those with parental responsibility, then you will need to apply to a court for permission to go abroad.

If you are unsure about any legal restrictions, get in touch with a member of our team for more details or advice.

Disputes and mediation

In situations where there is a dispute regarding holiday plans, mediation can be a helpful option.

Mediation involves a neutral third party assisting in resolving disagreements, allowing both parents to find a mutually agreeable solution.

Mediation can help avoid the need for court intervention and provide a platform for constructive communication.

Traveling abroad with court orders

If there are existing court orders that restrict international travel, it is crucial to comply with them.

Failure to do so can result in serious legal consequences.

Documentation

When traveling with your child, it is advisable to carry relevant documentation to support your legal right to travel.

This may include a copy of your child’s birth certificate, court orders, or letters of consent from the other parent, especially for international travel.

These documents can help avoid complications at border control or in case of emergencies during the trip.

Get in touch for more information on child arrangements and divorce.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.