Taking a Child Overseas?

Sole parents taking a child abroad on holiday could open up a world of trouble for themselves without some preparation and awareness of the law. 

It is important for a sole parent taking a child out of the country, for any reason, to be aware of the laws and avoid risking a charge of child abduction. 

For example, taking a child out of the country without first obtaining the written permission of the other parent, or a court order, could mean exposure to a charge of child abduction under current UK law. 

With so many parents separated and divorced, and with families scattered across the globe, the authorities are understandably extra vigilant, especially when they see a child travelling with a single adult.

Even an innocent short hop from the UK across the Channel to EuroDisney could result in problems without the proper documentation. If grandparents plan to take grandchildren overseas it is also necessary to obtain permission and carry the appropriate documents. 

This information may seem obvious, but according to the Foreign Office (FCO) the peak summer holiday period is the time of year when child abduction becomes a particular problem.  The FCO department handling these matters dealt with more than 200 cases of possible child abduction between April 2009 and March 2010.  The cases mainly involved taking children to non Hague Convention countries, which include India, Pakistan, Thailand, Ghana and Nigeria.

Any sole parent intending to take their child to live overseas needs the written permission of the other parent, or a court order.  Those who fear their child may be in danger of abduction should seek immediate help and advice.

With so many British nationals living overseas, if a marriage or relationship breaks up and one parent returns to the UK with a child it could be mistakenly construed as an abduction.  The other parent must given written consent, or permission must be obtained from a foreign court.   Obviously, parents need to be aware of the potential for a problem and obtain advice before proceeding. 

Documentary evidence may be required before permitting a sole parent or single adult to enter or leave a country with a child.  Usually, the authorities will ask to inspect letters of consent from the parents, birth certificates, etc.  If a child has a different surname from the adult travelling with them, further documentation may be required.  If in doubt, always obtain legal advice, or contact an Embassy or High Commission.  

The (FCO) website has a Child Abduction section with important information and useful links about this problem – click here.

Visit our Travel Guide and look for your destination country, then follow the link for the Foreign Office for updated travel advice, links, and information – especially regardng visas and entry requirements when travelling with children.

Save money for multiple trips with Annual Multi-trip travel insurance (with free children’s insurance) - obtain a quote here.

Flickr cc Image:  Yogendra174