How to minimise stress when travelling abroad with children following divorce

Should you wish to take your child abroad for a holiday following a divorce, you must seek permission from anyone else with parental responsibility, which would usually be the other parent.

The exception to this is where there is a specific court order in place designating who the child lives with. In these cases, the designated parent can take the child away for 28 days without the permission of the other parent, although we would recommend that you still inform the other parent of your plans. It is of course possible that both parents have a ‘lives with’ order, so you both have this right, which makes communication between you important when it comes to planning holidays.

What can you do if they refuse permission?

To take the child out of the country without permission may be considered child abduction which could have very serious consequences.  It is therefore recommended that you apply for a Specific Issues Order which the court will usually agree to if the holiday is in the child’s best interests.  These proceedings can take months, so we would advise that you plan well ahead if you believe the other partner is unlikely to agree. As an alternative you could consider Mediation to try and reach a more timely agreement outside of court, but the other party will need to engage in this process.

What to do if your child has a different surname to you

If you change your name back to your maiden name following your divorce then your surname may now be different to that of your child/children. Travelling with a child who has a different surname to you can increase the amount of additional scrutiny at border control and there are steps we would recommend you take before you travel to minimise the stress.

You will need to ensure that you have all of the relevant documentation in place before you travel and this will generally include:

-A copy of the specific issues order/ court order where relevant

-A travel consent form signed by the other parent and witnessed by a solicitor

-A copy of the child’s birth certificate

-Any other specific embassy requirements for the country you are visiting.

For any advice about travelling abroad with children following a divorce, help with a specific issues order or even relocation with a child, please get in touch with our team.