Lawyers have issued a warning to divorced parents over extra travel documents they need to take if they are going on holiday this Christmas.
The warning comes as thousands of families prepare to fly abroad for the festive season. And many will be navigating their holiday plans differently, particularly if those travelling now have a surname different from their child’s.
Jennifer Moore, legal director at Rayden Solicitors, experts in international divorce law, said: “Agreeing on foreign holidays when you are a separated parent is often tricky – especially at Christmas time when parents are navigating their first Christmas with new family dynamics and adjusted plans. This is particularly true 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. The UKVI (UK Visas and Immigration) 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.”
Jennifer has shared the following advice. It includes details about travel documents you need to take and three vital checks you should carry out ahead of your journey.
Which travel documents you will need
- Passport
- 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 divorce Final Order (formally ‘Decree Absolute’) if you were married to the non-accompanying parent but are no longer married
Legal rules you should know
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), which permits them to take the child on holiday for up to 28 days without the consent of the other parent, OR
- Where the parent travelling has a Specific Issue Order, specifically permitting foreign travel
Three vital checks you should make
To ensure you can travel with your child, Jennifer recommends that you carry out three vital checks ahead of your journey:
- Check whether your airline has any specific requirements
- Check with your local embassy in the UK if there are any specific requirements
- Check with the embassy in the country you are travelling to if there are any specific requirements (and age limit for a minor, as it may not be the same as in England and Wales). This is particularly important as some countries have specific and strict requirements such as South Africa and the USA, thus 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
View news Source: https://www.chroniclelive.co.uk/whats-on/travel-tourism/divorced-parents-issued-warning-over-30613518
