Whether you are holidaying with a blended family, or taking a child’s friend away with you, there may be occasions when you find yourself travelling with a child who has a different surname to your own.
To safeguard children from abduction and trafficking, if the surnames on your passports do not match, you could encounter questions and hold-ups at passport and border control.
What are the legal requirements?
In the case of separated or divorced parents, one parent can take the child abroad without the other’s consent for up to 28 days — as long as there is a child arrangements order and a “lives with order”. Without these, the law could consider it child abduction.
Rachel Fisher, an expert child law solicitor at Stowe Family Law said: “It is incredibly important to obtain permission to take children abroad when you don’t have a child arrangements order saying the child lives with you, or if you only have an informal arrangement in place. Failing to do so could lead to criminal charges upon your return.”
What to do before booking?
Prior to travelling abroad with a child, ensure you have a letter from the person with parental responsibility confirming you have their authorisation to take them overseas. The letter should include the other person’s contact details, all details about the trip and emergency contact details.
It can also prove helpful to possess evidence of your relationship with the child. For instance, a birth or adoption certificate or a divorce or marriage certificate that demonstrates the different names.
Rachel stated: “It’s always best practice to seek permission from the other parent, whether or not you legally have to. This helps to keep tensions down and means more trust between you as co-parents.”
What if my ex doesn’t want to let me take our child on holiday?
If you cannot obtain permission from the other partner to take your child abroad, then you will require a court order.
The Government website states: “You must give details of the trip, for example the date of departure, when and how you’re returning, and contact details of people with parental responsibility staying in the UK.”
Rachel added: “The court’s primary concern is always the welfare of the child when parents separate. When it comes to holidays abroad, children will usually want them to go ahead, and it is generally considered in their best interests to enjoy time with their parents individually after separation and build bonds and memories. The court recognises this but will also step in if there are concerns.”