Permission to Travel Out of State with a Minor Child

Travelling with children is a necessity for many families. Whether it's visiting relatives or enjoying a family vacation abroad, travel is a vital and vibrant part of many childhoods. 

But while travel can be equal parts stressful and joyous, after a divorce, stress can quickly overwhelm if parents do not make all necessary preparations. 

The most important preparation for travelling abroad with a child after divorce is obtaining consent from all other persons with parental responsibility. 

Can I travel abroad with my children? 

Your child arrangements order (CAO) or parenting plan should outline how travel with children after your divorce is handled. A standard CAO will require parents to obtain consent from all other persons with parental responsibility before traveling abroad with their child.

One exception to this requirement is if both A) your CAO states that your chid must live with you and B) you're planning on travelling for 28 days or fewer. In those circumstances, you may not be required to obtain a travel consent letter from other persons with parental responsibility unless your CAO specifically states otherwise. 

What if I cannot obtain consent from all others with parental responsibility?

If you are unable to acquire a travel consent letter from all people with parental responsibility, you are able to apply for permission from the courts instead. To apply for this permission through the courts, you'll need to provide details about your trip, such as destinations and trip length, as well as contact information for all others with parental responsibility who are remaining in the UK. 

Applications for permission to travel abroad with your child may take quite a while, sometimes months, to be processed, so be sure to apply well in advance of any proposed trip dates.

What documentation do I need from my co-parent?

A proper travel consent letter will typically contain the following information:

1. Who will be travelling with the children? 
2. Who are the other people with parental responsibility? List the full legal names of everyone whose permission is required. 
3. How can your co-parent or other people with parental responsibility be contacted? Provide a phone number and secondary form of contact for everyone listed on your consent to travel form.
4. Where will you be taking your children? Clearly outline your travel plans in the consent letter.
5. When will you be travelling? Provide clear itinerary dates for your trip.
6. Passport information for child and people accompanying the child on the trip. Information should include the passport number, date of issue and where the passport was issued.

Beyond including this information, it is highly recommended that parents sign their child travel consent letter in the presence of a witness. 

Home Office travel consent letter template

Permission to travel abroad with a parent

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Use this form if your child will be travelling outside of the UK with either you, your co-parent or another person.

What if I am the only person with parental responsibility for my children?

For parents or guardians who have sole parental responsibility for their children, obtaining permission to travel abroad may not be strictly necessary. However, parents in this situation should still carry all relevant documentation that confirms their situation. 

What documentation do I need for my children?

Besides carrying your child's permission to travel form, it may be necessary to have other documentation on hand for your child. 

Passport

If you're planning on travelling abroad with your child, you're likely already aware that you'll need a passport for your child in order to do so. 

In the UK, a person with parental responsibility has to sign the child's passport application. Contact information for the child's other parent must also be provided. Additionally, any court orders or parental responsibility orders must be included in the application as well. 

For a full list of instructions, visit the Home Office guide to applying for your child's first passport.

When you and your child have different family names

Parents who have a different family name than their children may wish to have additional documentation that confirms their relationship on hand while travelling. A child's birth certificate may be appropriate for this documentation. Parents can also carry a marriage or divorce certificate that documents the name change.

Destination requirements

When travelling abroad, parents should thoroughly research the countries they are visiting to see if they have any documentation requirements for children travelling without both or either of their parents. 

If you're travelling with your child to Canada, for example, you must have your child's birth certificate, a letter of authorisation from your co-parent (with very specific information), and copies of legal custody documents.

Providing incomplete or incorrect documentation when travelling abroad can hold-up an otherwise well-planned trip or prevent it from proceeding entirely. 

What if parents cannot agree on travel plans?

If permission to travel abroad with your children is required, parents should not disregard this requirement and travel without it. If a parent takes a child abroad without the proper permissions, it's considered child abduction.

Parents seeking to take their child abroad without the other parent's written consent can apply for a specific issue order. In order to grant permission for the travel, the court will determine whether or not the trip is in the child's best interests.

Parents who are concerned that their co-parent may take their child abroad without their permission can apply for a prohibited steps order to minimise the risk of child abduction. A person must have parental responsibility in order to be eligible to apply for a prohibited steps order.