With the summer holidays rapidly approaching, I have been getting lots of questions about taking children on holiday. I hope this blog helps you get your paperwork in order, there is still (just) sufficient time to apply for a passport. (HM Passport Office are currently estimating 10 weeks for a passport so move swiftly).
Holiday checklist
- Passports and Visas
If you are branching out beyond the UK this summer you will need passports to travel. Since Brexit, rules for traveling in the EU have changed and you should always check the up to date government guidance before setting off as to what is needed:
https://www.gov.uk/foreign-travel-advice
If you are travelling to an EU country (except Ireland), Switzerland, Norway, Iceland, Lichtenstein, Andorra, Monaco, San Marino or Vatican City your passport must meet 2 requirements. It must be:
- less than 10 years old on the day you enter (check the ‘date of issue’)
- valid for at least 3 months after the day you plan to leave (check the ‘expiry date’)
Check your passport and renew it early if needed.
You can travel in the above country for up to 90 days in any 180 day period without a visa. Your passport will be stamped when you enter and exit to ensure you comply with the visa time limits.
2. Covid Requirements
These vary from country to country and the rules seem to change constantly as to what is required in relation to vaccination proof, PCRs etc. Again check the government website for up to date advice for the country you are travelling to:
https://www.gov.uk/foreign-travel-advice
3. Consent from Others with Parental Responsibility
Checks when travelling with children have increased over recent years with authorities more diligent in ensuring children have permission to travel with those adults who are accompanying them. Whilst this can be a real headache at times (such as for mother’s who do not share the same surname with their children), the checks are important to ensure child safety and prevent child abduction.
If you want to take your child outside the UK you must have permission from all those with parental responsibility or leave (permission) of the Court. If someone else shares parental responsibility for your child, you must seek their consent before travelling out of the country. The only exception to this is if there is already a Child Arrangement Order in place which says the child lives with you, that is a “Live with Order”. If you have a “Live with Order” you are permitted to take a child abroad for 28 days without permission, unless the order specifically prohibits that from happening. Even if you do have a “Live with Order” it is still good practise to make the other parent aware of the trip and obtain their consent.
Before you travel get a letter from the other parent confirming that you have their permission to take the child abroad. This should include their full name, address, telephone number, details of the trip including travel dates, the child’s passport details and/or any other documentation you are providing. The letter should be signed, dated and witnessed.
When travelling bring evidence of your relationship to your child with you if it not obvious, such as if you have a different surname. A birth or adoption certificate would confirm this.
If children are travelling with friends or other family, ensure you give them the relevant paperwork to avoid any difficulties at border control. Again, a letter as described above is likely to be sufficient to satisfy any queries, it should confirm who the child is travelling with and should be signed by all those with parental responsibility.
If the other person with parental responsibility will not provide their consent to the trip or won’t provide your child’s passport, it will be necessary to seek a court order. You will need to apply for a Specific Issue Order under the Children Act 1989. When considering an application by a parent to take a child on holiday, the Court’s decision will be based on the child’s welfare. It is usually not very difficult to persuade the Court that a holiday abroad is in the best interests of the child, unless for example it is a cover for an abduction. Should you be planning more than a holiday and wish to relocate with your child to a different country the requirements of an application to the Court will be rather different.
The application to the Court will take some time, therefore it is important to make arrangements for holidays well in advance with the other parent if you anticipate there will be difficulties so there is sufficient time to obtain permission from the Court before you plan to travel.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.
