What to do when travelling with a minor

Dear Mr Bassie, I

PLAN to visit my relatives in Jamaica and take my child with me. I am divorced, and my child resides with me. Do you think I will have a problem travelling abroad with my child?

Please advise.

– J.C.

Dear J.C.,

Persons must get the permission of everyone with parental responsibility for a child or from a court before taking a child abroad. Please note that taking a child abroad without permission is considered child abduction.

Persons will automatically have parental responsibility if they are the child’s mother, but she will still need the permission of anyone else with parental responsibility before taking the child abroad.

A person can take a child abroad for 28 days without getting permission if a childarrangement order states that the child must live with that person unless a court order specifically states otherwise.

GET PERMISSION FROM SOMEONE WITH PARENTAL RESPONSIBILITY

A letter from the person with parental responsibility for the child is usually enough to show that a person taking the child abroad has permission to do so.

Please be aware that a person might be asked for the letter at a United Kingdom or foreign border or if there is a dispute about taking a child abroad. The letter should include the other person’s contact details and details about the trip.

It also helps if the person can show:

Evidence of their relationship with the child, e.g., a birth or adoption certificate

A divorce or marriage certificate if he/she is a single parent if the family name is different from the child’s own.

GET PERMISSION FROM A COURT

Persons will need to apply to a court for permission to take a child abroad if they have not got permission from the other persons with parental responsibility.

Those persons must give details of the trip, e.g., the date of departure, when and how they are returning, and contact details of people with parental responsibility staying in the United Kingdom.

They must give more information if they plan on taking the child abroad for a longer trip, for example, what education the child will get while abroad. It is advisable that persons find a solicitor to get legal advice about permission to take a child abroad.

Just for completeness, persons should contact the embassy or consular office of the country they are travelling to for information about the age limit up to which a person is considered a child.

I hope this helps.