Travelling Abroad with Children Post-Separation

With the school holidays fast approaching in Scotland, there are several factors that separated parents must consider before taking their child or children abroad on holiday. Typically, both parents will have parental responsibilities and legal rights over their child. Where this is the case, either parent must consider the other parent’s right when considering taking their child on holiday.

Here are the key things to consider:

Consent to Travel from the other Parent - Legal Position

Where a child resides in Scotland, they cannot be removed from the United Kingdom without the consent of anyone who has parental rights and responsibilities over them. For parents who are separated, it is required that one parent receives the consent of the other parent before travelling with their child outside of the UK. This is required for any trips or holidays, no matter the length of time that they will be out of the country for. In instances where grandparents or other family members wish to take the child abroad, it will be required that consent is provided by both parents.

To help avoid misunderstandings and potential conflicts, it is best to make the other parent aware of any travel plans as early as possible. It is recommended that consent is provided in writing and is signed by the other parent, even where there has been full cooperation and no difficulties. It is possible that border checks may occur when travelling abroad and having written consent is helpful to have if asked to provide evidence.

When providing consent in writing, you should include as much detail as possible. In the form of a letter, or declaration, this should include the full name, date of birth and passport number of the child, or children. Other details to include may be the destination and duration of the trip, flight numbers and/or any relevant travel information.

Passports and Other Documentation - Holidays Abroad Post-Separation

Before travelling abroad with the child or children, ensure that any passports are valid for travel. It may be worth arranging the exchanging of passports beforehand, if the other parent is in possession of this. You may also wish to discuss with them as early as possible if the passport is valid, or if it will be required for it to be renewed.

In terms of any other documentation, if the Court has been involved and regulates foreign holiday contact, a copy of this order should also be brought along with the travelling parent. Any other documentation which is believed to be relevant should also be brought along, this may include a copy of the child’s birth certificate. This can be particularly important where the child has a different surname to the parent that they will be travelling with.

Maintaining Contact - Parental Rights

Where the child may be abroad for a prolonged period of time, or even for trips that are shorter in length, you may wish to consider how contact can be maintained between the child and the non-travelling parent. It may be appropriate to arrange for phone calls or video calls to take place between them on a particular date and time.

It is important to respect any existing contact arrangements that are already in place. The number one priority should be the child’s best interest and this should be the paramount consideration throughout the process as parents come to an agreement.

Legal Assistance - Scottish Solicitor

If there are any disputes over holiday arrangements, where one parent refuses to provide consent, or where there are concerns that one parent may take the child abroad permanently and not return with them, you should immediately take legal advice to determine what your next steps may be. It may be necessary to take legal steps to prevent the other parent travelling abroad with the child, this would be the process of obtaining an interdict which prohibits the parent from doing so.

Conclusion - Legal Position in Scotland

If you are a separated parent and you wish to travel abroad with your child or children, proper planning and providing adequate notice to the other parent should allow this to be straightforward. Ensure that you have all appropriate and valid documentation with you and consider any Court orders that are in place. If there are ever any difficulties and challenges with obtaining consent, it is important to seek legal advice to determine how to tackle this issue. It is also important that throughout this process, the child’s best interest should be your paramount consideration.

To gain legal advice on your personal situation on taking a child abroad, do not hesitate to get in contact with our experienced family law team on 0141 433 2626.