Moving abroad with your child

If you are separated from your children’s mother or father, you may want to take them abroad but have concerns about the rules surrounding this.

It is important to know that if you want to take your children abroad, you must get permission from anyone else with parental responsibility, unless you have a child arrangements order which says that the child is to live with you (known as a ‘lives with’ order).

Parental responsibility refers to the legal rights, duties and obligations a parent has to a child. Mothers automatically have parental responsibility from birth. For fathers, they may get parental responsibility if they were named on the birth certificate, married to the mother at the time of birth, or have a court order conferring it. Parental responsibility can also be obtained through adoption or becoming a legal guardian, so for example, a grandparent may also have parental responsibility.

If you do have a ‘lives with’ order, you can take your child abroad for up to 28 days without having to get their other parent’s consent. However, it is important to note that you should not breach any terms of a court order in doing so – for example, by taking the child away when they are supposed to see their other parent, without consent.

However, if there is no court order in place, and both you and your children’s other parent have parental responsibility, neither of you may take the children abroad without each other’s consent. Failing to get consent can amount to parent-child abduction, which is a criminal offence.

If you would like to take your children abroad but your ex unfairly denies you permission, you can get permission from the court instead. As children law specialists, we are experienced in handling these matters. Our team of lawyers can help you resolve any disagreements quickly and smoothly, to uphold your rights and protect your relationship with your children.

Contact us today to discuss your situation and explore the options available to you. Our experienced family lawyers are here to guide you through this challenging process.