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Taking a child abroad with a different surname

Family Law

You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad.

Taking a child abroad without permission is child abduction.

You automatically have parental responsibility if you’re the child’s mother, but you still need the permission of anyone else with parental responsibility before you take the child abroad.

You can take a child abroad for 28 days without getting permission if a child arrangements order says the child must live with you, unless a court order says you can’t.

Get permission from someone with parental responsibility

A letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad.

You might be asked for the letter at a UK or foreign border, or if there’s a dispute about taking a child abroad. The letter should include the other person’s contact details and details about the trip.

It also helps if you’ve:

  • evidence of your relationship with the child, eg a birth or adoption certificate
  • a divorce or marriage certificate, if you are a single parent but your family name is different from the child’s

Get permission from a court

You’ll need to apply to a court for permission to take a child abroad if you haven’t got permission from the other people with parental responsibility.

You must give details of the trip, eg the date of departure, when and how you’re returning, and contact details of people with parental responsibility staying in the UK.

You must give more information if you’re taking the child abroad for a longer trip, eg what education the child will get while they’re abroad.

If you are struggling to arrange permission to take your child abroad that has a different surname to you then maybe Vanguard Law Solicitors can help. Contact us today on 0800 6226641 and arrange a FREE NO OBLIGATION consultation with us.