Why do I need a divorce lawyer?

Early legal advice during the divorce process is invaluable. It is never too soon to speak to a solicitor, they can advise you on likely outcomes which will enable you to make informed decisions about your separation. Where both individuals receive early legal advice, it is more likely that they will be able to reach a settlement as they will have a realistic understanding about their legal positions empowering them to make to resolve matters without litigation.

Whilst you can apply for your divorce online without the assistance of a lawyer it is usually worthwhile seeking professional advice about resolving the family finances.

Not obtaining early legal advice in relation to the finances can result in expensive mistakes such as:

  • You setting a precedent for spousal maintenance by paying your ex-partner much more that you should;
  • You agreeing a financial settlement that isn’t in your best interests;
  • Assets being moved, dissipated or hidden;
  • Increase your chances of going to court because you refuse to agree something that you would have agreed if you had understood the legal position.

Even if you have agreed the finances with your ex-partner and are happy with the outcome, it is crucial that you have that agreement formalised by a solicitor into a “consent order”. That will be submitted and approved by the court so that it is legally binding. Without a financial order being made the family finances are not resolved and there is an ongoing risk that your ex-partner could bring a claim against you in the future. It is the financial order, not the divorce order (decree absolute) that brings the financial tie between you to an end.

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. 

How do I choose a divorce lawyer?

Choosing the right solicitor for your case is absolutely crucial. Divorce is a stressful and expensive experience and you need to ensure that you have a solicitor who provides sound legal advice and will be supportive throughout the process.

Cost will be a major consideration when deciding who you want to work with. Legal fees are expensive and charges will vary depending on the solicitor’s experience and location. Whilst some providers offer a fixed fee for undertaking straightforward elements of the case (like preparing the divorce application), most contentious work is charged for at the solicitor’s hourly rate and the amount of time it takes them.

Whilst cost is a big consideration, you should not just be lead by price alone but find the person who is the right fit for your case.

If your divorce is complicated you should consider working with a more senior solicitor, someone who is more experienced. Although their hourly rate will be higher than a more junior solicitor their experience means that they will take a strong lead on your case with less chances of delays and problems occurring.

If you have a straightforward matter you probably don’t need to instruct a solicitor with 20+ years experience and the matching hefty hourly rate.

It is not uncommon for clients to feel extremely angry and hurt when they first instruct their solicitor. Often they are furious and with their ex-partner and want to “make them pay” or “take them to the cleaners”. It is rare that conducting a case in such a way will benefit you, whilst you may get some early satisfaction at the outset conducting the matter in such a way, it is usually much better overall to resolve the separation as quickly and painlessly as possible with minimal costs. Finding a solicitor who you can trust to explain your options and guide you through that process is crucial.

When choosing your solicitor it is really important that you build a good rapport with them. Make sure when you first meet them or speak to them that you feel comfortable with them or you may find it difficult to work with them going forward. You will have to share a lot of personal information with this person and there may be some really difficult conversations along the way so having a good working relationship is crucial.

It is worth investing some time to find the right solicitor for you at the outset of your matter. If you have doubts, speak to another solicitor and see if they feel like a better fit. It can be expensive to change solicitors during the divorce process so it is best to make sure you have the right person from the beginning. A lot of solicitors offer a reduced fee or a free initial meeting or telephone call. You can usually tell quite quickly when speaking to someone if you think you will be able to work with them. They will also want to ascertain that you are the right client for them and make sure they can help you.

Remember the role of your solicitor is to provide you with legal advice, to explain your rights and obligations and guide you through that process. In most cases you will also benefit from support from a counsellor and of course also from your friends and family. Divorce is a traumatic and stressful life event. Consider using a trained counsellor help you work through the emotional side of things and support you with issues you may have with your ex-partner such as anger or mistrust. Make sure you are only paying your solicitor for their legal expertise and that you are seeking emotional support from others.

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. 

Can My Ex-Partner Stop Me From Seeing My Child?

It is so common to see children being used as weapons when relationships breakdown with one parent preventing the other from seeing a child. I have worked with many parents who have been stopped from seeing a child for extend periods of time by an ex partner, sometimes due to genuine concerns and on other occasions due to malicious and false allegations.

What should I do if I am prevented from seeing my child?

If there is no court order in place setting out the child arrangements, you should attempt the following:

  • Discuss the problem with your ex-partner and try and resolve it without confrontation.  Is there a mutual friend or family member that could assist?  (If there is a non-molestation order in place this will not be appropriate).
  • Consult a family solicitor who can advise you on next steps and write to your ex-partner to set out your concerns and proposals;
  • Refer the matter to a mediator who could assist resolving the situation with your ex-partner;
  • Apply to the court for a child arrangement order. (More on this below).

If there is already a court order in place an application can be made to the court to enforce it.

When can contact with my child be stopped?

Legally your ex partner cannot stop you from seeing your child unless access will be of detriment to your child’s welfare, safety and welfare concerns include things like criminal activity, domestic abuse, drug/alcohol misuse or other inappropriate behaviour that puts your child at risk.

However, until a court order is in place to determine what the child arrangements are for the children it is up to parents to agree the arrangements. Where child arrangements cannot be agreed, particularly where children are not able to see a parent at all, an application should be made to the Court without delay.

If a parent is stopping contact with you because of  alleged welfare concerns they can seek a child arrangement order which confirms the child lives with them and doesn’t have contact  with you.  An urgent application can be made to the court without you being there to respond if the parent applying believes there is an immediate danger to the child.   This is known as a “without notice order”.  The parent making allegations will need to provide evidence to the court to support their case, this may include information from the police, social services, medical professionals or witness statements from third parties.

If you find yourself subject to a “without notice” hearing, do not panic, there will always be a second hearing in the court a few days later which you can attend and defend the allegations made in your absence and present your own views to the court.

A parent who stops contact may not make an application to the court.  If that is the case,

you should make an application for a child arrangement order to have contact with your child straight away as it may take some time for the court to hear your case and any delay means further time you may not be able to see your child.

Do I have a right to see my child?

It is important to bear in mind that a parent doesn’t actually have a “right” to see their child.  Parental responsibility gives you legal rights and responsibilities but no right to contact.  The law in relation to child arrangements is entirely based on the child’s welfare and therefore decisions the court makes about child arrangements are based on the benefit to the child from seeing you, not because it will improve your quality of life as a parent.  However, there is a legal presumption that the continued involved of both parents in a child’s life will best promote that child’s welfare, therefore  in the absence of any safeguarding concerns, the court actively encourages a relationship between a child and both of their parents.

Can I make an application for an order if I don’t have parental responsibility?

As a parent, even if you don’t have parental responsibility you can still apply to the court for a child arrangement order.  The court should consider whether it is appropriate to make a parental responsibility order when dealing with the other orders.

What will the court consider?

When making decisions in relation to your child and the appropriate arrangements the welfare of your child is the only thing the court will consider.  It may be necessary in a case where allegations regarding the child’s safety and welfare have been made for the court to consider these fully before it can move on to the welfare questions.  For example, if an allegation has been made that contact is not safe to take place because it is alleged that you have assaulted your ex-partner or child, the court will need to make a determination as to whether this happened, that is make a “finding” in relation to these contested issues before it can decide if and how contact can take place.  Sometimes it is necessary for a “fact finding” hearing to take place during the first stage of the case and it is those “findings” which will determine how the court will make future decisions about your child.

It is important to note that legal proceedings are likely to take some time and involve a number of hearings, so you need to be prepared for a number of court attendances during the process.

What the court must take into account when considering your child’s welfare is set out in the  “welfare checklist” and includes the following:

  • The wishes and feelings of the child concerned (in light of their age and understanding);
  • The child’s physical, emotional and educational needs;
  • The effect a change of circumstances may have upon them;
  • Age, sex, background and any characteristics which the court considers relevant;
  • Any harm that the child has suffered or is at risk of suffering;
  • How capable the parents are of meeting the child’s needs.

What sort of order can the court make?

The child arrangements contained in the order vary in each case and the requirements will be set out specifically for your family.  It should include where your child lives and how often they spend time with the other parent.  (These used to be called residence and contact orders).  In addition the child arrangement order, can include the following:

  • arrangements for indirect contact which would include things like telephone calls or video calls;
  • specific details such as where, when and how handover take place;
  • an agreement not to speak badly of each other in front of the children;
  • arrangements for holidays and trips abroad;
  • who is responsible for keeping and renewing the child’s passport;
  • how the parents are to contact each other in an emergency situation;
  • how the parents will keep each other informed and updated in relation to the child.

What is included in the order really depends on your individual circumstances and ability to communicate with each other. My preference is to have the least draconian order as possible in order to allow flexibility and variation when needed, however this is not suitable in particularly acrimonious cases.  Where there is a history of really difficulties a more prescriptive order can assist with keeping the arrangements on track.

If you found this blog helpful please let me know.

If you have any family law issues you would like me to address in a blog please feel free to contact me.

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. 

Who can register a baby’s birth?

Following the birth of a baby, there is a lot of admin involved!

Whilst your main focus is caring for this new little person, you are legally required to register your baby’s birth within 42 days of the birth at the local registry office. The requirements for registering a birth and how the parents acquire parental responsibility differs depending on the status of their relationship and their sex, so I have gone into this in some detail below.

Parental responsibility is really important. Whilst the birth mother automatically has parental responsibility from the birth, it is the second parent who must ensure that they are properly registered.If you want to be recognised as your child’s parent it is crucial you ensure that you acquire parental responsibility and if you have any doubts get legal advice so that this is done properly.

Same-sex female couples

Female couples can include both their names on a child’s birth certificate when registering the birth and can therefore both have parental responsibility.

Same-sex females who are married or in a civil partnership

Either parent can register the birth on their own if both of the following are true:

  • the mother has a child by donor insemination or fertility treatment; and
  • she was married or in a civil partnership at the time of the treatment.

They will both have parental responsibility in this scenario.

Same-sex females who are unmarried or non-civil partner parents

When a mother is not married or in a civil partnership, her partner can be seen as the child’s second parent if both women:

  • are treated together in the UK by a licensed clinic; and
  • have made a “parenthood agreement”

However, for both parents’ details to be recorded on the birth certificate they must do one of the following:

  • register the birth jointly; or
  • complete a “statutory declaration of acknowledgement of parentage form” and one parent takes the signed form when she registers the birth; or
  • get a court order giving the second female parent parental responsibility and one parent shows that order when she registers the birth.

There is a link to the “statutory declaration of acknowledgement of parentage form” below.

Same-sex male couples

Male couples must get a parental order from the court before they can be registered as parents.

There is a link to a “parental order” form below.

Opposite-sex couples

Opposite-sex parents who are married or in a civil partnership

Either parent can register the birth if they were married to each other in a civil partnership together at the time of the birth. Opposite-sex couples and those who are married or in a civil partnership automatically have parental responsibility when the child is born, they don’t need to be on the birth certificate to obtain this.

Opposite-sex parents who are not married or in a civil partnership

The details of both parents can be included on the birth certificate if:

  • they sign the birth register together (they will both need to be present); or
  • one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth; or
  • one parent goes to register the birth with a court order giving the father parental responsibility.

It is important that both parents attend the registration, if the mother attends alone the father’s details cannot be registered. It may however be possible to add them on later by registering the birth.

Helpful links:

Statutory declaration of acknowledgement of parentage form:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

Application to re-register a birth and add the father’s details:

https://www.gov.uk/government/publications/application-to-re-register-a-childs-birth-and-add-the-natural-fathers-details

Details on how to get a parental order:

https://www.gov.uk/legal-rights-when-using-surrogates-and-donors/become-the-childs-legal-parent

Follow me for more family law advice and DM me if there are any particular topics you would like me to cover and I will do my best to cover them.

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. 

Does it matter if a father is named on a child’s birth certificate?

YES!

I’m often asked if it really matters if a child’s father or other parent is named on their birth certificate. In the chaos of bringing home and caring for a new baby, a trip to the registry office can fall down the list of priorities, but it is important to make sure the birth certificate is fully completed properly.

Being named on a birth certificate or not can have a big impact on a parents “parental responsibility” which I have discussed in a previous post. In brief, parental responsibility is really important, it is the legal rights and responsibilities of a parent.

You need to register your baby’s birth within 42 days of the birth at the local registry office. Most hospitals are pretty good at giving you instructions for your local process at discharge, if in doubt check your Local Authority’s website.

I am going to be addressing the position for opposite-sex couples in this blog. It is slightly different for same-sex couples, which is dealt with in the “Who can register a baby’s birth?” blog.

If the mother and father are married or in a civil partnership at the time of the child’s birth the father automatically acquires parental responsibility when the child is born.

Difficulties arise when the parents are not married nor in a civil partnership. In that scenario, the father does not automatically acquire parental responsibility, if he is not named on the birth certificate he isn’t legally recognised as the father. This has the potential do cause real difficulties for him if he wants to play a role in his child’s life.

Can the father be added to the birth certificate later?

Yes.

How this is done will depend on whether the mother agrees to his name being added and the birth re-registered. This is only relevant for unmarried, non-civil partners.

If the mother is in agreement, the birth certificate can be re-registered with the General Register Office (GRO). The mother and father will need to provide a statutory declaration to the GRO from the mother confirming that the father is the child’s father.

You can get the statutory declaration form here:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

If the mother is not in agreement to the father being added, the father will need to make an application to the court seeking a declaration of parentage. This may involve a DNA test being undertaken to establish paternity if this is not accepted. Once established, the court will notify the GRO and the birth certificate will be re-registered including the father’s details. Father will not acquire parental responsibility in this case but will need to take a further step.

Parental responsibility agreement

A parental responsibility agreement (PRA) is made between the child’s father and mother and will provide the father with parental responsibility when the parents are unmarried or not in a civil partnership. A PRA is only needed where the father isn’t named on the birth certificate or his name was added via re-registration following a declaration of parentage from the court. A PRA can only be made if both parents consent to it. Once made it should be submitted to the court and then sent to the GRO.

You can get the parental responsibility agreement form here:

https://www.gov.uk/government/publications/form-cpra1-parental-responsibility-agreement

Parental responsibility order

A parental responsibility order is made by the court and will provide the father with parental responsibility. It is only necessary where the father is not named on the birth certificate and the mother is unwilling to either re-register the birth certificate with the GRO or lodge a parental responsibility agreement with the court. If a declaration of parentage has been made by a court then a parental responsibility order will also be required to give the father parental responsibility.

Details on how to apply for a parental responsibility order can be found here:

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

Follow me for more family law advice and DM me if there are any particular topics you would like me to address and I will do my best to cover them.

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. 

When should I speak to a solicitor about my divorce.

Many people put off speaking to a solicitor because they are worried about the potential cost. Conversely, by speaking to a solicitor at the outset you are more likely to save costs in the long run as well as a lot of stress. The earlier you obtain legal advice about your separation the better. Practical advice about the divorce process and the likely outcomes for you will help you navigate the process with clarity and understanding. In my experience, couples who have both received early legal advice are more likely to reach a settlement and avoid the delay and costs excessive litigation can bring.

It is never too early to speak to a solicitor if you think your relationship is coming to an end. Burying your head in the sand will achieve nothing, facing up to the situation from an informed position will empower you to move forward and make the overall process less stressful. I often speak to people before they have made a definite decision about their relationship, but who want to explore their options and what their reality may look like of they proceed with a divorce.

Your partner or ex-partner need not know you have obtained legal advice if you decide not to proceed with the situation. The interactions you have with a lawyer will be confidential and your lawyer will be used to dealing with clients very discretely.

Just because you speak to a solicitor does not mean your case will end up in court. A good solicitor will seek to achieve the best outcome for you without litigation if possible. They will be able to support you through the mediation process and work with you to achieve an agreed outcome with your ex-partner.

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. 

What are my common law marriage rights?

None!

This is one of the biggest family law myths in England and Wales, common law marriage does not exist in this jurisdiction.

Unless you are married or in a civil partnership, legally, with a certificate to prove it, you will not benefit from the statutory protection divorce law offers divorcing couples.

Cohabiting couple families are the fastest growing family type in the UK, however as a family lawyer, I have real concerns about the lack of statutory protection available for these families when relationships end. Divorce law gives the family court the power to redistribute assets in accordance with fairness and each party’s financial need, however, cohabitant’s have none of this protection.

Legal Remedies for Cohabiting Couples

The law for unmarried couples is messy. There are some remedies available, however, they were not drafted with families in mind and are far from ideal.

Family Home

If you are purchasing a property with your partner you should do so following advice from a solicitor which reflects each of your legal interest in the property. Cohabitation agreements and declarations of trust in relation to properties and assets are something you should consider.

If you do not however own the family home jointly with your partner, it instead being legally owned by your partner, you may be able to to make an application under the Trusts of Land and Appointment of Trustees Act 1996, the burden will be on your to establish that there was a “common intention” that you should have a “beneficial interest” in the property and that you relied upon that common intention to your prejudice. This area of law is complex and it can be expensive to pursue a claim.

Child Maintenance

For couples with children the person caring for the children can make an application to the Child Maintenance Service for child maintenance. This maintenance is however only for the children, most people are surprised at the low level of maintenance required and it is not intended to provide for the carer. It is possible in some cases to seek further financial support for children under Schedule 1 of the Children Act 1989 depending on the wealth of your partner and if you think this may apply to your matter you should seek legal advice as you may be entitled to remain in the family home and receive periodical payments including a carer’s allowance.

Further disputes about money and assets are most likely to be considered a contractual dispute and would be dealt with under civil rather than matrimonial law.

What Should Cohabiting Couples Do?

Talk about your finances and what you will do if your relationship ends. If you do not intend to get married or enter into a civil partnership consider entering into a cohabitation agreement. I know it is not romantic, however many of the day to day practicalities of living with someone aren’t and your relationship may benefit from some advance planning on how you intend to handle the day to day responsibilities of living together. You can set out your intentions, who will pay for what, who will buy what and what the plan is if you were to have a baby. You can also set out a plan to set out how you would divide up your finances should your relationship end. A little legal advice and planning at an early stage could save a lot of stress, anxiety, time and legal costs if your relationship ends.

Pensions are also a crucial consideration. Unlike married couples who usually automatically benefit under their spouses bill, partners will need to be nominated in order to be eligible for any death in service benefits.

Lastly, it is really important that you have an up to date will. If you aren’t married and your partner doesn’t have a will you have no rights to their estate. There may be some protection offered under the Inheritance Act (Provision for Family and Dependents) Act 1975, but that will be dependent on your circumstances and will require an application to the court. It will be much more straightforward if there is a valid will in place making appropriate provision.

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. 

How do I make an individual application for a divorce.

Step 1: Apply online

Whilst instructing a solicitor is not required when submitting a divorce application, if you have been unable to agree to make a joint application with your ex-partner it is likely your relationship is quite acrimonious and some professional input will likely be of real benefit. You may not need to instruct a solicitor to apply for the divorce but an initial consultation is likely to be of real benefit early on if your separation is particularly difficult.

The divorce process includes not only obtaining the final divorce order, but you may also have to make arrangements for your finances and children. It is the financial and child arrangements which usually prove to be the more difficult areas to resolve and which are at risk of escalating to contested court proceedings with escalating costs and significant delay.

The divorce application is usually the first step on the road to separation and can set the tone for the whole case going forward. Seeking early advice from an experienced solicitor can assist with getting the case on the right track, minimising the potential for conflict and possible protracted proceedings in relation to your children and finances going forward.

You can access the divorce application portal here:

https://www.gov.uk/divorce/file-for-divorce

Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.

The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.

You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.

In terms of making the application, one party will make the application they will be known as the “Applicant”, the other party will be known as the “Respondent”.

The Applicant will be responsible for paying the court fee.

Step 2: The court starts the divorce process

After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.

The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.

The court will send your partner a copy of the divorce petition and the “Acknowledgement of Service” (AOS), you parter has 14 days to complete the AOS and return it to the court.

Step 3: You apply for the conditional order

After the 20 week reflection period, (assuming that the Respondent has promptly returned the AOS) you can apply for the conditional order. (Previously known as the Decree Nisi).

Step 4: The court reviews your application for a conditional order

When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.

Step 5: The court grants the conditional order

The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.

Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.

Step 6: You apply for the final order

After a minimum of 6 weeks have passed you can apply for the final order (previously known as the Decree Absolute) to finalise your divorce.

Step 7: The court grants the final order

The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.

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. 

Travelling abroad with children – What documents do I need?

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

  1. 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.