Divorced and separated parents could be turned away from flights

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Parents who have recently got divorced and are planning to travel with their children this Christmas have been warned they need to take extra documentation with them to the airport. More than 80,000 divorces will be granted this year under the new divorce law and Jennifer Moore, Legal Director at Rayden Solicitors who are experts in international divorce law , said separated or divorced parents travelling with a child of a different surname will need to take papers with them to ensure they can board their flight.

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:

1. Check whether your airline has any specific requirements
2. Check with your local embassy in the UK if there are any specific requirements
3. 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:

1. 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
2. Bring a consent letter from the parent(s) or holders of parental responsibility not accompanying you
3. 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

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