Child Travel Consent
The client wishes to obtain passports for their children and take them on a holiday. They have been separated from the children's father for over 8 years. The father resides in England and sees the children a few times a year, while the client and children live in Scotland. The client is inquiring whether they require the father's permission to take the children abroad and if written permission through emails or texts would be acceptable. The legal matter involves aspects of Family Law and Travel Consent.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkDo I need the father’s permission to apply for my children's passports, and what should I do if he refuses?
To apply for your children's passports, you need the consent of everyone with parental responsibility. If you have a Child Arrangement Order stating the children live with you, you may be able to apply without the father's consent. However, it's often advisable to obtain his written consent to prevent complications. If he refuses, you can apply to the court for an order that permits you to obtain the passports, and the court will consider what is in the best interests of the children.
What type of permission do I need from the father to take my children abroad, and is verbal consent sufficient?
To take your children abroad, you generally need the consent of everyone with parental responsibility. Verbal consent is not legally binding; it's advisable to obtain written consent to provide a formal record that can be presented if required at border control. While written forms can include emails, texts, or a signed letter, a signed letter is often preferred for clarity and validity. If the father has a history of being uncooperative, it may be prudent to seek a Specific Issue Order from the court to mitigate any potential legal complications.
Are emails or text messages considered valid forms of consent for taking my children out of the country?
Emails and text messages can serve as evidence of consent for taking children abroad, but they may not always be deemed sufficient on their own in cases of dispute. It is advisable to obtain a written agreement signed by both parents to ensure clarity and avoid potential issues. Given the differing jurisdictions, with you living in Scotland and the father in England, having a formal written agreement minimizes the risk of future disagreements.
How do the laws differ between Scotland and England regarding parental consent for travelling abroad with children?
In both Scotland and England, consent is required from all parties with parental responsibility to take a child abroad unless a court order has been obtained. In Scotland, the requirement is under the Children (Scotland) Act 1995, while in England, it falls under the Children Act 1989. Generally, it's advisable to secure written consent to prevent disputes, and if a parent unreasonably refuses permission, you may consider obtaining a Specific Issue Order from the court.
What legal steps can I take if the children's father does not agree to the holiday plans?
If the children's father does not agree to the holiday plans, you can apply to the court for a Specific Issue Order under Section 8 of the Children Act 1989. The court will assess the best interests of the children in making its decision. It's crucial to show that the holiday benefits the children, such as via educational or cultural enrichment, and that there is no risk of abduction or harm.
