This guide will talk you through how to take your child abroad, how to stop your child being taken abroad and what to do if your child has been abducted.
Taking a child abroad
Taking a child abroad
To be able to take your child abroad for a holiday, you must have the proper consent from your ex-partner and anyone else with parental responsibility or be the only person with parental responsibility otherwise taking the child out of the country is considered child abduction. If you are the mother of the child, you automatically have parental responsibility from the birth of the child. Unless you have a child’s arrangement order from the court, you must have consent from every person with parental responsibility before you take the child out of the country.
Anyone with parental responsibility should be told details of the holiday, such as –
- Where the child is going
- How long they will be away from, including the exact dates.
- Emergency contact numbers.
Grandparents, other family members etc will also need consent of everyone with parental responsibility if the wish to take the child abroad.
Sometimes, consent from everyone with parental responsibility is not required, if you have a child arrangement order that states the child should live with you and if you are taking the child abroad for less than 28 days, then you do not need to have consent from the child’s other parent. You also do not need consent if you are the mother and are the only person with parental responsibility, or if you have a court order allowing you to take the child abroad.
If a person has a special guardianship order, they are allowed to take the child out of the UK for up to 3 months without consent from anybody with parental responsibility or permission from the court.
The proper consent is needed from.
- The mother
- The father (if he has parental responsibility)
- Guardians of the child (if any, and if they have parental responsibility)
- Special guardians (if any, and if they have parental responsibility)
- Any person with parental responsibility
- Holder of a resident order
- Holder of residence under a child arrangements order
- Local authority (if the child is in care)
- The courts (if you cannot agree)
It is easier and quicker if you can get everybody with parental responsibility to agree to you taking your child out of the UK. Talk to your ex-partner and the other people with parental responsibility about the reasons for wanting to take them out of the UK (such as, a holiday or moving country) and give details on where you are and the child are going, how you are traveling, where you are staying, how long you will be away for etc and explain why you think the trip or move would be in the child’s best interest. A letter from everyone giving their consent is usually enough to prove you have consent to take them abroad. You may be asked for the letter a UK or foreign border, so the letter should include the other people’s contact details and details about the trip. It also helps if you have evidence of your relationship with the child (such as, a birth certificate or adoption certificate) and a divorce or marriage certificate, especially if you are a single parent but your surname is different from your child’s surname.
If you cannot agree on taking your child out of the UK, you will need to apply to court to get permission to take your child abroad. You will need to apply for a ‘Specific Issue Order’, this order is to give direction to a specific question about parental responsibility. You will need to give details of the trip such as the dates, how you will be traveling, emergency contacts, where you will be staying, how you will be traveling etc. If you plan on taking your child out od the UK for a long time you will need to give more details such as what education the child will be getting while abroad. Please see our guide on applying for "Leave to Remove" for more details.
If you want to stop your child being taken abroad
If you want to stop your child being taken abroad, you will need to apply for a ‘Prohibited Steps Order’, this is an order that, if granted, will prohibit the other parent from taking the child abroad. The child’s passport may be lodged with a mutual solicitor if requested and is felt necessary. You will need to give details of the trip and explain why you do not want your child to be taken out of the UK and include any concerns you may have such as you are concerned, they may not be returned. The court will make their decision based on what they consider in the best interest of the child.
To help make their decision the court may need to know answers to such questions as –
- If there is a residence order (pre 2014) in place
- If a parent has a "live with" element as part of a child arrangements order
- Local authority (if the child is in care)
- The courts (if you cannot agree)
- Are there any existing court orders relating to the child?
- Does either parent have a pre-2014 contact order in relation to the child?
- Does any existing order say that one or both parents can take the child abroad? if so, are there any limitations? (Such as, the amount of time the child can be away or what countries they can go to?)
- What are the holiday plans? how long will the child be away and where will the child be staying?
- How will the holiday impact the other parent? will it affect the other parent’s contact time? if so, will the parent taking the child on holiday offer alternative time to make up?
- Are there any real and genuine concerns for child abduction?
- Has there been any time previously where the other parent has withheld contact before, during or after a holiday?
- Are there any concerns about the length of time or the dates of the holiday? (Such as, a holiday when the child is supposed to be in school?)
- Does the child already know about the holiday? Do they want to go?
- Will the holiday benefit the child?
Child abduction
Child abduction is when a parent or someone in connection of a child under the age of 16 years old out of the UK without the consent of everyone with parental responsibility or permission from the court.
Under ‘The Child Abduction Act 1984’, It is a criminal offence for a parent, or any other person connected to a child to take them out of the UK without the proper permission and consent of either all those with Parental Responsibility or permission (leave) from the Court.
There are 4 main types of abduction –
- Abduction – When a child under the age of 16 is taken out of the UK without the consent of everybody with parental responsibility or permission from the court. This is a criminal offence in the UK.
- Wrongful retention – When a child under the age of 16 has been taken and kept abroad without consent after an overseas trip.
- Wrongful removal – When a child under the age of 16 is taken out of thier country of residence without the consent of both parents or a court order.
- Threat of abduction – When there is a risk or a threat that a child under the age of 16 will be taken out the of the UK without consent.
What to do if your child has been abducted
If your child has been taken out of the UK and you did not give your consent (and you have parental responsibility), or the other parent does not have permission from the court; your child has been abducted and this is a criminal offence.
The first thing you need to do is contact the police, you need to do this as soon as possible and explain that your child has been unlawfully removed from the UK as you did not give your consent and there is no court order in place permitting the other parent to take the child out of the UK. If the police still believe that the child is in the UK, they can issue something called a ‘Port Alert’ which will alert all immigration offices and all other police forces of the child’s details. This remains in place for 28 days. If your child is still in the UK but either you believe, or you know your child is going to be abducted, you should collect any evidence (such as, emails, texts any travel documents) that suggest your child’s other parent (or someone in connection with the child) is going to take the child out the UK without your consent or the appropriate court order.
The next step would be to contact the International Child Abduction and Contact Unit. If your country and the country the child has been taken to is part of the Hague Convention, it should be easier to locate your child and have them returned to the UK.
The Hauge Convention is a treaty between certain countries to protect children from the damaging effects of international parent abduction by either encouraging the immediate return of a child to their home country or to organise the rights to access the child to return them to the UK.
Click here to see a list of Hauge convention countries - https://www.hcch.net/en/instruments/conventions/status-table/?cid=24
If your child has been taken outside of the Hauge Convention, you should seek legal advice immediately. You will also want to speak to a qualified solicitor qualified in the country your child has been taken to discuss if and how you can apply to the local courts for your child to be returned to the UK.
You can also contact reunite which is a charity which specialises in child abduction to foreign countries. Reunite works with government departments such as the ministry of justice and the foreign, commonwealth and development office in the UK.
For a FREE 20-minute appointment with a divorce consultant specialising in child arrangements Click here. https://divorce.wikivorce.com/contact-us.html
Other useful resources –
- Reunite - https://www.reunite.org/
- Hauge convention - https://www.hcch.net/en/home
- Preventing Child Abduction - https://divorce.wikivorce.com/services/children/preventing-child-abduction.html
- Recover a child who has been taken or kept overseas -https://divorce.wikivorce.com/services/children/child-abduction.html
- Family Procedure Rules -http://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
- International Child Abduction and Contact Unit application form - https://www.gov.uk/government/publications/international-child-abduction-and-contact-unit-application-form
- GOV.UK International parental child abduction -https://www.gov.uk/government/publications/international-parental-child-abduction/international-parental-child-abduction
