Angela Moores
Formerly of Jarvis Family Law, Harrogate
Family & Divorce Solicitors Harrogate,Oldham,Ashton under Lyne,Stockport Menu

Travelling with children

Now we are back into the summer term thoughts turn to the forthcoming long school holiday period where many travelling with children legal ruleschildren will be travelling abroad. For those children planning to travel without both parents, now is the time to start to put the necessary documentation into order i.e. well in advance of the departure date.

Children travelling without both parents include not only those where the parents are separated but also where children are travelling without their parents - maybe only with another family member or perhaps with the family of a school friend.

Essentially there are two things to consider;

  1. The need for the written consent of the other parent/parents if it is intended to take the child anywhere outside of England and Wales, and
  2. The need to consider whether the country to be visited has it’s own regulations about children entering the country without both parents.

In order to obtain the consent of the parent (s) (having parental responsibility) it is reasonable to provide the following information;

A. The full address of where the child will be staying during the holiday together with a landline telephone number, and

B. Full details of travel including flights numbers and times, or similar for ferry travel, and

C. The dates of outward and inbound travel.

It would generally be unreasonable for the other parent to refuse to provide consent if these details are given (and the holiday is to a country which the Home Office considers safe). In the absence of consent the court would most likely grant an order for such travel.

Cross border controls are becoming even more stringent. There are sometimes strict regulations for children travelling without both parents and South Africa and Canada are amongst those areas where there are specific requirements to be met before entry is allowed. If you are unsure check with your travel agent or even the internet as a start point.

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