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Planning on taking your children on holiday following a separation – be aware of your rights

17 February 2020 Family Law Ruth Croman

Taking a child abroad without permission can be treated as child abduction. So whether it is a half term skiing trip abroad, or an Easter break in the sunshine, make sure you know what you can and can’t do before you start planning.

As a child’s mother, you automatically have parental responsibility, but you still need the permission of anyone else with parental responsibility before you take the child abroad. If grandparents and other family members want to take a child abroad, permission will be needed from both parents with parental responsibility and not just from one parent.

Even if everything has been agreed, it pays to be prepared, especially when flying with children and even more so when they have a different surname from you. A letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad and you might be asked for this at a UK or foreign border. The letter should include the other person’s contact details and details about the trip. It also helps if you’ve evidence of your relationship with the child, e.g. a birth or adoption certificate, a divorce or marriage certificate, visas as well as valid passports.

South Africa, America and Canada in particular have various requirements for parents travelling there with minors, so ensure you are fully prepared or that long planned for holiday will end in tears before you even arrive.

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