Thousands of parents will be navigating foreign travel having got divorced this year, and need to know the rules
This season is often one of the most popular times for overseas travel – particularly for those with young families. According to a recent report, millions of UK residents travelled abroad for the Christmas period in 2023 with families flocking to popular destinations such as Barcelona and Vienna.
However, between January and March 2024, there were 27,908 divorce applications made and 21,662 final orders granted under the new divorce law – meaning many families across the UK will be navigating Christmas holiday plans differently particularly if those travelling now have a surname different from their child’s.
Jennifer Moore, Legal Director at Rayden Solicitors who are experts in international divorce law, has shared her expertise on the documentation that 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 the festive period without any issues.
Jennifer 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 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.”
Which travel documents will you 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 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), 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
To ensure you can travel with your child, Moore recommends that you perform 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
In addition, make sure to bring the following documentation with you to the airport:
- Bring a sealed copy of any Court Order you have permitting you to travel alone and check with your solicitor if you need anything additional, such as to have your Order apostilled
- Bring a consent letter from the parent(s) or holders of parental responsibility not accompanying you
- Bring the child’s birth or adoption certificate and if you have a different surname to the children, also bring your marriage certificate or Decree Absolute if you were married to the non-accompanying parent but are no longer married
