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Legal eagle<br />
Advertorial<br />
Taking the kids abroad<br />
can be complicated for<br />
separated parents, writes<br />
Forum Shah<br />
The school holidays are fast approaching and<br />
that means many parents will be making plans<br />
to travel abroad with their children. This can be<br />
the one opportunity of the year to spend some<br />
extended quality time with each other – but the<br />
arrangements for travelling abroad with children<br />
can be complicated if their parents are separated.<br />
It's best to try and plan ahead and communicate<br />
as much as possible in an attempt to sort out any<br />
difficulties, and with plenty of time before your<br />
trip. Many people don't realise that you need<br />
the permission of each person with parental<br />
responsibility before taking the children abroad. In<br />
most circumstances, this is the other parent.<br />
It is best if permission is put in writing in case you<br />
are asked to provide proof at the airport, or upon<br />
entering the other country.<br />
If permission is not given, you may need to apply<br />
to obtain a Court Order giving consent for the<br />
children to travel abroad. An exception is where<br />
you have obtained a Child Arrangements Order<br />
saying the children live with you. This allows you to<br />
take them abroad, but for no longer than a month<br />
without permission.<br />
If a court application is made, the Judge considers<br />
any objections raised. The most common is a<br />
fear that the children will not be returned home.<br />
The court looks at evidence provided to ensure<br />
that the children will be returned, such as return<br />
tickets. Ultimately, the judge determines what<br />
is in the children’s best interests and whether<br />
they will benefit from the holiday, which in most<br />
circumstances, of course, they will.<br />
If you would like advice about taking your children<br />
abroad or if you are concerned about your children<br />
being taken abroad without your consent, please<br />
do get in touch. We have a team of experienced<br />
accredited solicitors who are able to offer specialist<br />
legal advice.<br />
Forum Shah is a family lawyer. Please<br />
contact her on 020 3440 8013, or by email:<br />
forum.shah@tvedwards.com<br />
tvedwards.com, 35-37 Mile End Road<br />
London, E1 4TP<br />
36 LOVEEAST
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