Caroline Yorke
A Shropshire-based lawyer has compiled an ‘alternative holiday checklist’ for separated parents to ensure all necessary legal consents are in place before taking a child abroad this summer.
It has been put together by Caroline Yorke, an associate solicitor in Lanyon Bowdler’s family law team, and is aimed at preventing problems occurring which could leave a child in distress.
“It’s a magical time of year for families to make wonderful holiday memories, but unfortunately many will need to comply with some necessary legal requirements to ensure everything goes smoothly while they are away,” she said.
“My alternative holiday checklist is relevant not only for separated families, where the parents of a child do not live together, but also for families where the parents are together and the plans for the child involve overseas travel without both parents.
“It is also important where the parents are separated or there are court orders in place to check the position since, if there are ‘hiccups’, the main person to be adversely affected is likely to be the child.
“A mother normally has parental responsibility, as does the father if he is married to the mother or registered as the child’s father. However, if there are court orders in place other people may have parental responsibility, so it is important to check.
“You may need permission from all holders of parental responsibility if you are planning to take the child abroad – this will depend on whether there are court orders in place and what sort of order it is. In some cases you don’t need consent for overseas travel for short periods.
“If consent is needed it is preferable to get it in writing, even if the parents are still in a relationship but one parent is travelling alone, or grandparents are taking the child abroad, since immigration authorities will sometimes question the circumstances of the journey.
“Remember to take a copy of any court orders with you and if you are going to a country where English is not readily understood, consider getting an official translation of the order into the language of that country.
“Even if you have a court order and consent from other parental responsibility holders is not needed, it is preferable to at least provide them with some basic information about the holiday. And think about letting the child have a video call with the other parent while you are away – providing it is safe and in the best interests of the child to do so.”
Caroline added: “Regardless of whether you are holidaying abroad or in the UK, it is vital that your plans do not conflict with any court orders for the child to have contact with or spend time with other people. It would be in breach of the order and carry potentially serious consequences if your plans prevented that contact from taking place.
“If you anticipate any difficulty it is always sensible to seek early legal advice with a view to negotiating a variation of the plans to allow for holidays to take place.
“Thinking ahead and planning for any eventuality are essential in ensuring that you are complying with everything you need to – leaving you free to enjoy your holiday.”
For more advice, contact Caroline on 0800 652 3371 or visit www.lblaw.co.uk.
