Where no Order is in place a parent may be committing a criminal offence if they take a child abroad without the written consent of all others with parental responsibility for the child.
If the other party(ies) with parental responsibility refuse their consent then it will be necessary for the person wishing to take the child abroad to apply to the court for permission.
The court will consider an application in relation to what is in the child’s best interests.
If the reason for taking the child abroad is a holiday then it is likely this will be in the child’s best interests.
If the removal of the child overseas is to be on a more permanent basis the court will again be concerned as to what is in the child’s best interests and will consider the reasons for the proposed move, the effect on the child of any change in contact with the other parent and/or family, the effect on the applicant and any new family of the child of a refusal to grant permission and the opportunity for continuing contact between the child and the parent and/or family left behind.
If a Residence Order is in force no person may remove the child from the jurisdiction without first obtaining either:-
- The written consent of every person with parental responsibility; or
- Permission from the court.
However, a residence order will allow the person in whose favour the residence order is made to take a child out of the UK for periods of less than one month without consent.
The parent without the residence order will need to seek consent every time he or she wants to take the child abroad for whatever period of time.