Travelling with kids as a divorced or separated parent this Christmas? All the legalities you need to know

Lawyers have warned divorced or separated parents who are planning to go on holiday with their children over the Christmas period that extra documents may be vital when travelling.

Taking a flight in the very busy, festive period can be a stressful thing to navigate, but family law and divorce lawyers at Rayden Solicitors are cautioning parents separated from their partners that there could be complications at the border.

Taking a child out of England and Wales without documents stating the other parent’s consent could result in being turned away from your flight. The lawyers add this will particularly be the case if those travelling now have a different surname from their child’s.

Jennifer Moore, the legal director at Rayden Solicitors, has offered some advice for those travelling with a different surname from their children and what sort of documents will need to be taken at the airport just in case.

Moore has advised that along with passports, a sealed copy of a court order permitting you to travel alone should be brought along.

A consent letter from the parent(s) or holders of parental responsibility not accompanying you on your holiday is also recommended.

Finally, your child’s birth or adoptive certificate, as well as your marriage certificate to divorce final order (formally called ‘decree absolute’) if you were married to the non-accompanying parent but are no longer married.

Moore says that all holders of parental responsibility, which will typically, but not always, include both parents, must consent to their child travelling abroad out of England and Wales.

There are so many exceptions to this rule, such as where the parent travelling has a “lives with” court order in their favour, which permits them to take the child on holiday for up to 28 days without the consent of the other parent.

The other exception is when the parent travelling has a ‘specific issue order’, specifically permitting foreign travel.

To try and ensure that your child gets to their holiday destination for Christmas celebrations without complication, Moore also recommends that you perform three checks ahead of travelling.

She advises that you check whether your airline has any specific requirements regarding travelling with your child.

She also recommends checking with your local embassy in the UK if there are any specific requirements, as well as checking with the embassy in the country you are travelling to about requirements, such as if there are any further documents the country requires that the UK does not.

Jennifer Moore, Legal Director at Rayden Solicitors, says: “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.”

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