Parental Consent for Child Travel Abroad: Legal Steps and Preventing Abduction
Did you know that taking your child abroad without proper consent can lead to serious legal consequences, including allegations of child abduction?
As another holiday season fast approaches, many families will be spending time together at home, however, for separated families it is often different. Some families may take advantage of the Christmas holidays and the closure of offices to go away to warmer climates.
Parental responsibility for child travel
Parents, Step-Parents and Guardians may not be aware that they require the consent of all parties who hold Parental Responsibility to remove children from the jurisdiction of England and Wales.
For parents who were previously married to their ex-wife/husband then their ex-spouse will more than likely have Parental Responsibility. For parents who were unmarried, it will include all fathers who are on the birth certificates for their child. Mother’s automatically have Parental Responsibility.
Where a Child Arrangements Order - Live With, is in place, and another party is named e.g. an Aunt, Uncle or Grandparent stating that the child may live with them, they too will hold Parental Responsibility in addition to any person named on the birth certificate. This therefore means that all parties who hold Parental Responsibility must be consulted, and their consent obtained before a child should be removed from the jurisdiction of England and Wales.
For those children who are in the care of the Local Authority, if there is a Care Order in place, then it is likely that the Local Authority will also hold Parental Responsibility for the child.
When Is Parental Consent Needed for Child Travel?
When going on holiday, intending to re-locate for work or even planning for school trips abroad, then the consent of all parties who hold Parental Responsibility is required. If there is failure to obtain this consent, and the other party challenges this, or refuses, then this could create accusations of Child Abduction.
The only exception where consent is not required to remove children from the jurisdiction of England and Wales for a period of up to 30 days, is if there is a Child Arrangements Order - Live With Order in place.
How to Get Parental Consent for Child Travel Abroad
Obtaining consent from all parties who hold Parental Responsibility can be straight forward. A simple letter from the other party which is signed by them will usually suffice. Some countries require more details including the full name, date of birth, address, and passport details, along with contact details of the other party who holds Parental Responsibility in order that checks can be undertaken.
Obtaining consent before traveling is crucial. Parties often report that it is not when leaving the UK that they face issues, but when they arrive at a different country or when they return to the UK. It is therefore imperative that consent is sought at the outset to save any accusation of Child Abduction.
What happens if consent is denied?
If the other party who hold Parental Responsibility simply refuse to provide their consent, then Emsleys Solicitors can assist in the negotiation to reach an agreement. A referral to mediation can also be made depending upon the timescales for travel.
If, failing all of these, no agreement can be reached, then an urgent application to the Court will be necessary for the Court to adjudicate on whether it is in the child’s best interest to be removed from the jurisdiction to attend a holiday or a school trip, etc.
The decisions can often be made by the Court very quickly. However, to ensure that the Court has adequate time to deal with such applications, we would advise contact with a solicitor to obtain this advice as early as possible.
Legal Risks of Travelling without Consent
A breach of a Court Order, or a Child Arrangements Order, can have serious impacts upon future contact or time spent with children going forwards. The Court may also impose a Prohibited Steps Orders to prevent taking the child from England or Wales, or even having any unsupervised contact if it is felt there is a risk they may be removed again without consent.
A breach of a Court order is a very serious offence and can ultimately result in a fine or imprisonment.
If travelling without the relevant consent, then it may be that there are airport checks which could prevent travel at that time.
There can also be orders put in place whereby there would be an All Ports Warning and thereby any attempt to remove the child from England and Wales would flag up on the ports systems. This could lead to arrests at the airport and prevention from travelling.
How to prevent child abduction?
- If there are concerns that a child or children may be abducted abroad by their other parent or another family member contact Emsleys Solicitors immediately. The team at Emsleys may be able to apply for a Child Arrangements or other Order to stop the child being taken out of the country.
- If a child has not yet obtained a British Passport, or it may be suspected a new one is being issued, the Passport Office (HMPO) can be contacted to block the creation of one. This can only be done with a court order.
- If the child’s other parent holds a different nationality, the country’s embassy, high commission or consulate in the UK could be contacted. A solicitor should write to the relevant agency and ask them not to issue a passport to the child, if the other parent makes an application. They do not have to agree to to this, but they may do so voluntarily.
- The police can be contacted to issue a ‘Port Alert’ if a child is likely to be taken abroad (within 48 hours) without the consent of all of those with parental responsibility. A Port Alert means the police can contact the National Border Targeting Centre to alert all UK points of departure and try to prevent an abduction. A Port Alert is active for 28 days, allowing the time to seek legal advice if it has not already happened. A court order will be required to extend it beyond this time. For a Port Alert in Scotland, there are separate procedures including a requirement for a court order to be in place.
What if my child is abducted?
When contacting the authorities try to have available:
- the child’s full name, age, date of birth, passport details and all their nationalities
- details of the abducting parent and their relatives, in the UK and abroad
- details of the abduction:
- the date of the child’s departure from the country where they usually live
- where the child was taken
- the legal relationship between you and the other parent at the time of the abduction
- any other relevant documents, including the child’s birth certificate, a own marriage certificate and separation or divorce agreements.
Next steps:
- report the abduction to the local police. If the child has been taken abroad but their location is not known, the police can contact Interpol. Interpol may be able to work with police forces abroad to help find the child.
- check if there is country-specific information on parental child abduction for information about legal issues for parental child abduction in the country the child may have been taken to.
- seek legal advice from a family lawyer in the UK accredited to deal with family matters, such as Emsleys Solicitors. Depending on which country the child has been taken to, a lawyer abroad may need to be appointed too.
- check if the child is in a country to which the 1980 Hague Convention on International Child Abduction applies. The Convention is an agreement between various countries, which can help return an abducted child who is under 16 years old to the country where they usually live.
What is the Hague Convention and will this affect my travel?
The Hague Convention aims to protect children from the harmful effects of international parental child abduction. It encourages the prompt return of abducted children to the country where they are habitually resident. It also seeks to organise or secure effective exercise of rights of access to a child.
Countries where the 1980 Hague Convention applies
To apply for the return of a child under the Convention:
- if in the UK, contact the UK Central Authority. This authority administers the Convention in the UK
- if abroad, contact the Central Authority in the country where this applies
Countries where the 1980 Hague Convention does not apply, or a application under the Convention was refused.
You should consider what would be the most effective option for the circumstances:
- try to come to an agreement with the other parent.
- seek mediation: specialist mediation services can help parents to reach agreed, workable solutions in the best interests of their child.
- start legal proceedings in the courts abroad to have a UK court order recognised by a foreign court, or to seek a new court order under the laws of that country. A lawyer from that country can advise on the options.
- checking whether criminal charges can be brought against the abducting parent, either in the country the child was taken from or in the country they were taken to. However, this may delay efforts to get a child back, and some countries do not consider parental child abduction as a criminal act.
Tips for parents travelling abroad with children
- Obtain consent from all parties as soon as there is an intention to travel.
- Try to keep communication open between all parties and be open in terms of flight times and dates and flight numbers along with details of the accommodation.
- Provide specific details in case of emergency, so that parties are easily able to get in touch with one another.
- Always carry a copy of any consent letter.
Conclusion
Obtaining parental consent is not just a formality; it’s a legal necessity to ensure smooth travel and avoid serious complications like accusations of child abduction. By following the outlined steps and seeking professional advice, you can safeguard your family’s plans and protect your legal rights.
Contact our friendly Family Law Team today to ensure you have the right legal safeguards in place for before your next trip. Call Emsleys Solicitors today for your free initial conversation.
