Separated parents: checklist for travelling abroad with children

Holiday contact is a key aspect of the advice we give clients in connection with the care arrangements for their children post-separation. 

In some cases, a separated couple will reach an agreement which enables each parent to enjoy regular holidays with their children. For other families this can be more contentious, and it may be necessary for holiday arrangements to be regulated by the court. But in any case, there are some key legal and practical issues for parents to be aware of when they are travelling outside the UK with their children.

1. Consent to travel

A child who is habitually resident in Scotland must not be removed from the United Kingdom without the consent of any person who has parental rights and responsibilities for that child. Accordingly, where one parent is travelling from the UK with their child they require the consent of the other parent. This applies to all periods of foreign travel, including for routine holidays and irrespective of the length of the trip. It is also important to be aware that where a child is travelling with grandparents or other family members in the absence of either parent, the consent of both parents must be obtained.

If separated parents co-operate well and agree holiday arrangements without difficulty, they may not realise that formal consent is required for foreign travel. Indeed, they may have travelled with their child in the past without having been asked to evidence the other party's consent. However, routine checks at border control are becoming more stringent, and a parent may be asked to confirm permission to travel with the child when leaving the UK and/or upon arrival in the foreign county.

There is no internationally recognised standard form to be completed, but consent should be given in writing and signed by the consenting parent. Best practice is for the consent to take the form of a letter or declaration which includes the full name, date of birth, and passport number of any child under the age of sixteen, together with the destination of travel and the duration of the trip. Ideally flight numbers or other travel information should be included, but that is not essential.

Certain countries will have more stringent requirements, so it is sensible to check this well in advance of travel. The USA, for example, recommends that parental consent is formally notarised and specific wording is suggested.

2. Passports

At the risk of stating the obvious, the travelling parent must be in possession of a valid passport for each child. If the child's passport is usually held by the other parent, it can be helpful to check in advance that the child's passport is still valid to avoid any issues arising in the lead up to the holiday. Parents may also wish to agree how and when the passport will be handed over.

3. Other documents

If foreign holiday contact is regulated by court order or the terms of a formal separation agreement, the travelling parent should take a copy of the order or agreement with them. In any case, it may also be advisable to take a copy of the child's birth certificate - particularly where the travelling parent has a different surname to the child so that their relationship to the child is clear.

4. Objecting to foreign travel

If a parent becomes concerned about proposed travel arrangements or is worried that the other parent intends to go abroad and not return, they should withhold their consent and take urgent legal advice about whether it is necessary to take formal legal steps to prevent the other parent leaving the UK with the children. In Scotland, this is done by applying to the court for an order – known as an interdict – which expressly prohibits the parent from removing the child from the UK. This step can be taken with a view to preventing the child being removed from the UK altogether, or to bring the matter before the court so that any issues of welfare relating to the proposed trip can be fully explored.

If necessary to prevent a child being removed from the UK illegally, the court can grant an order requiring a parent to surrender their child's passport. The court can also be asked to issue a port alert, which is provided to the UK Border Agency and will then be triggered if the child's passport is presented at any UK departure point.

5. Planning ahead

If you anticipate that getting consent from the other parent is likely to be problematic don’t leave it to the last minute to raise the issue of holiday plans – particularly if you think that applying for a court order may be necessary. 

If you require advice on traveling internationally with children, please get in touch with any of our family law experts.