Travelling Abroad with Children After Separation: A Guide for Scottish Parents

Now that the school summer holidays are well underway, many separated parents may be considering whether to book to take their children abroad. Although holidays are often a time for adventures, relaxation and family bonding, for some separated parents, they can be extremely stressful. There are some key legal and practical considerations that parents should be aware of before travelling outside of the UK with children.

What does the law say?

In Scotland, if both parents hold parental rights and responsibilities, they both need to consent to the child leaving the United Kingdom, even for a short holiday. Parental rights and responsibilities are usually automatically given to both parents if they were married at the time of the child’s birth or if the unmarried father is named on the birth certificate (from May 2006 onwards).

• How can consent be given?

Although there is no legal requirement for consent to be in writing, preparing a consent form or letter of consent is advisable. The letter should include the non-travelling parent’s name and signature, a statement confirming their consent to the travel as well as the dates of travel, destination, contact details and the child’s full name, date of birth and passport details. It is common for airlines, border control and immigration authorities to see such a letter, especially if the surname of the child and travelling parent are different. Certain countries have strict requirements when it comes to the content and format of the written consent so it is important to check this in advance of travel.

• What if consent is not given?

If the other parent refuses to give consent to travel, you may need to apply to the Court for a Specific Issue Order. This is a court order under the Children (Scotland) Act 1995, which requests the Court to decide on a particular matter relating to parental rights, for example, taking a child on holiday out with the United Kingdom. When considering the application, the Sheriff will determine what is in the best interest of the child and will consider the nature and length of the holiday, the child’s relationship with the parents, any potential impact of the child’s wellbeing and the risk of not returning. Applying for a Court Order can take some time and should not be something that is left until just before the proposed holiday.
Practical Advice for planning a holiday

In an attempt to reduce stress and the possibility of legal action, parents should discuss holiday plans as soon as possible and ensure both parties are in agreement. Checking travel documents and obtaining written consent is advisable and the parties should be prepared to share full details of travel plans with each other. Parties may also have to be flexible when it comes to arranging alternative contact, especially if there is already an agreed holiday schedule in place. If both parties are informed and can co-operate, travelling with children post separation can be more sun and less stress.

If you’re planning to travel abroad with your child following a separation and are unsure about consent requirements or your legal rights, seeking advice early can help avoid unnecessary stress and last-minute complications.  To discuss your circumstances with our team, please get in touch