Divorced parents need these documents to holiday with their kids

Divorced parents have been issued a warning when it comes to travelling abroad with their kids as thousands put themselves at risk of being slapped with child abduction charges.

The divorce rate in England and Wales is said to be around 42% with 113,505 divorces being granted in 2021 alone.

One way to avoid being charged is to have one of three vital travel documents which ensure a pleasant journey from all UK airports.

These documents also apply to unmarried parents with different surnames.

Divorced and unmarried parents with different surnames should have key documents before travelling with their kids (Canva) (Image: Canva)

Award-winning international divorce lawyer Jennifer Moore from Rayden Solicitors said: “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/ Sole custody 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 the foreign travel.”

For unmarried parents of different surnames, she added: “The UKVI are alert to the risk of child abduction (the unlawful removal of a child from their country of habitual residence) and also child trafficking. They will often now check that the adult travelling has the appropriate consent, particularly if the child does not have the same surname.”

Lawyer reveals the three documents divorced parents should have if they are travelling abroad with their child

The divorce lawyer recommended that divorced parents check with their airline, local embassy and embassy of the country they are visiting for any requirements.

Beyond this, she also revealed the three documents parents should have before setting off: 

• 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
• A consent letter from the parent(s) or holders of parental responsibility not accompanying you
• 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

Divorced parents should have a court order or written permission from their ex before travelling with their child (Canva) (Image: Canva)

Who owns a child’s passport in the event of a divorce?

According to Jennifer Moore: “In family court cases involving the custody of a child’s passport, the decision is made on a case-by-case basis, taking into account all relevant facts and circumstances. 

“One option is to have the passports travel with the children. For example, if the children go on holiday with their mother, the passports stay with her until the next holiday with their father. After that, the passports are with the father until the next holiday with the mother.

“Another option is for either parent to keep the passports, but they must give them to the other parent for an agreed-upon holiday at least 28 days in advance. The passports must then be returned as soon as possible after returning home.”

“If your ex will not hand over your child’s passport, you will usually have to apply for a Specific Issue Order, to ask the court to determine who should hold the child’s passport and potentially establish guidelines for foreign travel arrangements.”