Travel

PERMISSION TO TRAVEL

SConsent to travel. Travelling with a child. Parental consent.

Does my child need permission to travel?

A child may only travel with the consent of all people with parental responsibility and you may be required to prove this.


An exception is where the child will be travelling for less than 28 days and there is a Child Arrangement Order (previously called Residence Orders and Contact Orders) in place (Click for details).


Who has parental responsibility?

If you are not sure then check here.


An absent or estranged parent will usually still have parental responsibility unless if has been removed, eg by court order. 


What do I need if my child is travelling with one parent?

Either take documentation to show that the travelling parent has sole responsibility (eg birth certificate with no named father / court order granting sole responsibility / death certificate of deceased parent) or obtain the consent of the non-travelling parent. 


What if a child is travelling with a third party (eg another family member or friend)

They should travel with a letter of consent from all those with parental responsibility.


What if it isn’t possible to obtain the relevant consent?

You should make an application to the Courts for an Court Order. A family law solicitor can assist with this. 



Does a travel consent need to be notarised?

There is no clear answer on this as boarder processes are inconsistent. Some people will pass through boarders without even being asked for additional paperwork, others will be stopped and the papers verified. Having a consent notarised will provide the authorities with additional assurances which could help with the child and their companion’s smooth transit through the boarder.



Does a travel consent need an apostille / legalisation?

If you are travelling to or through a country which would normally require documents to be legalised then ideally you should have the consent legalised. If this is not possible due to time constraints then we still recommend that you get a travel consent letter notarised if possible. 


What will I need to obtain a travel consent?

If you would like us to draft your travel consent we will usually need the passport details for all parties with parental consent, the child and the travel companion, and the travel details (destinations, dates etc).

At the appointment we will ask to see ID for the consenting parent and evidence of their connection to the child (often the birth certificate) as a minimum. We may need to see additional documentation which would be discussed before scheduling the appointment.


How long does it take to get a travel consent?

If you only require a notarised consent then you will take the document away with you after the appointment. If you require an apostille then the consent will need to be sent to the Foreign Commonwealth & Development Office in London or Milton Keynes so you would need to factor in the additional timings. See here for more information about apostilles. 


What do I need to bring to the appointment?


The person granting the consent should bring:-

  1. ID - Usually passport + driving license
  2. Proof of their connection with the child (eg birth certificate).
  3. A copy of the child's passport.


Birth certificates and the signatory's ID should be original or Registrar certified copies. Photocopies are not acceptable.


If you would like me to draft the travel consent then I would also ask for a scan of the travel companion's passport and details of the authorised travel itinerary.



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