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Could you be guilty of abduction?

Could you be guilty of abduction?
March 28, 2018 Andrew Wood

You may not think it but to take a child abroad without the consent of everyone with parental responsibility is child abduction.

The only time you would not need permission would be when you have a Child Arrangements Order in place which states that the child lives with you. In these circumstances then you can take the child abroad for up to 28 days.

To be able to take a child abroad you should get a letter from the other person with parental responsibility for the child as you might be asked for the letter at a UK or foreign border. The letter should include the other person’s contact details and details about the trip.

If you are a single parent but your family name is different from the child’s it may also help to have evidence of your relationship with the child, eg a birth or adoption certificate, a divorce or marriage certificate.

Whether there is a Child Arrangements Order in place or not it would always be advisable to confirm your intention to take the child on holiday and provide the other person with details of the proposed dates of the holiday, flights, accommodation, emergency contact details and obtain their consent, if required.

If the other person will not consent to you taking the child on holiday then you’ll need to apply to a court for permission to take a child abroad.

The Court will expect you to provide details of the trip, eg dates of the holiday, flights, accommodation, emergency contact details, and contact details of people with parental responsibility staying in the UK. If you’re taking the child abroad for a longer trip then you will also need to provide additional information, eg what education the child will get while they’re abroad.

Enoch Evans LLP follows the Law Society’s Family Law Protocol and the Resolution Code of Practice in promoting a non-confrontational and constructive way of dealing with child arrangements, whilst always acting in a client’s best interest.  Please contact a member of our Family Team for further advice on this area on 01922 720 333 or email ajw@enoch-evans.co.uk