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Home » Advice Centre » FAQ: I don’t have custody of my children, do I need permission to take them abroad?

FAQ: I don’t have custody of my children, do I need permission to take them abroad?

Posted on: 2 January 2018 by Goodwins Family Law Solicitors

If you wish to take your child abroad but you do not have custody of the child, then it is imperative that you obtain the permission of the parent with custody, or someone with parental responsibility.

The mother of the child automatically has parental responsibility, but you are still required to seek permission of any other person who also has legal parental responsibility.

If you take a child abroad without the permission of the other parent or person(s) with parental responsibility, then this is child abduction. The only way you may take a child abroad legally without express permission is if you have a child arrangement order, in that situation you can take the child abroad for up to 28 days.

Getting permission

Written permission is suitable for proving that you have consent to take the child abroad, but it is important to keep it with you, as it is possible that you may be asked to produce the letter at a border. Other useful items include evidence of your relationship with your child (birth/adoption certificate), or a divorce or marriage certificate if you are a single parent with a different surname to your child.

If you haven’t got permission from the other parent or someone with parental responsibility, then you will need to get permission from a court. Details that the court require are:

  • Date of departure
  • When and how you are returning
  • Contact details of people with parental responsibility who are staying in the UK

Needing some expert advice on child custody? You can contact Goodwins Family Law today to book an initial fixed fee consultation for a confidential discussion and we’ll be happy to help. We are situated in Harrow, London, with on site car parking and accessible from public transport links. Alternatively, if you are overseas we possess the capabilities to arrange a Skype call with you if it is more convenient.

Goodwins Family Law Solicitors is a registered company in England. © Goodwins Family Law Solicitors 2022. All Rights Reserved.

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