Lawyer issues stark warning for single parents travelling abroad with their children

Divorced parents planning a holiday need to make sure they’re extra prepared or they could see their trip fall apart.

According to recent data, around two million Brits are heading overseas for the Easter holidays this year, with the Bank Holiday weekend one of the busiest times of year for the travel industry. Among the throngs of people heading to the airport will be single parents with their kids.

Parents are also being warned that if they’re no longer together, they must still be named on their child’s passport – if you are not able to do this then you must provide an explanation.

The gov.uk website stated: “You apply for a child passport if your child is under 16. It costs £49 to apply online and £58.50 to apply with a paper form from the Post Office. A child passport is valid for five years. Someone with parental responsibility for the child must apply for the passport.

A child looks through an airport window

“You need to give both parents’ details when you apply. If you cannot provide the other parent’s details, you need to say why (for example, you’re the only parent named on the birth certificate or you adopted the child on your own).”

Jennifer Moore, legal director at Rayden Solicitors, has explained what documentation separated or divorced parents travelling with a child of a different surname will need to take with them to ensure they can board their flight and enjoy their holiday without any issues.

If you’re in that camp, you need to bring:

• Passports
• A sealed copy of any Court Order you have permitting you to travel alone
• A consent letter from the parent(s) or holders of parental responsibility not accompanying you
• Your child’s birth or adoption certificate
• Your marriage certificate or Decree Absolute if you were married to the non-accompanying parent but are no longer married
• Legal considerations to make

All holders of Parental Responsibility (which will typically, but not always, include both parents) must consent to their child travelling abroad (outside of England and Wales). The exceptions to the rule are:

• Where the parent travelling has a ‘Lives With’ Court Order in their favour (previously a Residence Order/Sole custody order), which permits them to take the child on holiday for up to 28 days without the consent of the other parent
• Where the parent travelling has a Specific Issue Order, specifically permitting foreign travel

Jennifer explained: “The UKVI are alert to the risk of child abduction and also child trafficking. They will often check that the adult travelling has the appropriate consent, particularly if the child does not have the same surname.”

To ensure you can travel with your child, the lawyer recommended checking whether your airline, local embassy and embassy of the country you’re heading to to see if any of them have any specific requirements.

This is particularly important as some countries have specific and strict requirements such as South Africa and the USA. Although you may have the documents you need to leave the UK, you may not have what you need to be granted entry to the country you are travelling to

Jennifer added: “Agreeing on foreign holidays when you are a separated parent is often tricky, particularly if there are no Court orders in place, and you are the parent with a different surname to your children. We advise all parents to undertake the necessary research and take the required legal advice before travelling.”

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