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Permission to take children abroad when you don't know where exh is(39 Posts)
Find them! There are orders court can make to track them down if in UK under family law act 1986. If they are overseas then more difficult but nit necessarily impossible ....
Why would you bother. There are plenty of people who take their kids on holiday without the partner with no problems. I've taken the ds's numerous times and not been stopped or questioned. Why would I be, not all families come with 2 adults.
Why would I be
Because taking a child out of the country without the consent of everyone with PR is a criminal offence. Some countries will refuse entry unless you can provide evidence that you have appropriate authority.
Taking children abroad without permission is the criminal offence of child abduction. See;
Increasingly people are being stopped when they travel alone with children either as they leave the UK or when they enter other countries. Some countries (e.g. Canada and Mexico) may not admit children without written consent to travel from all those with Parental Responsibility or permission from the courts. So it's worth the bother to save the hassle of being held up in UK and potentially missing flights etc or being turned away by immigration in other countries.
I'll put the question forward, just to be difficult....
How would immigration control know whether or not the father did, or didn't have Parental Responsibility for the child concerned, and therefore whether the travelling parent did or didn't require the other parent's consent?
How do border control know who does or doesn't have PR for children though? I'm not advocating just chancing it and not attempting to seek permission from someone who should be giving it, I'm just curious.
My DC have their father's surname which isn't the same as mine. He didn't have PR for them until they were into their teens, but how would any border control official know that? I couldn't prove that no one else had PR, because there is no official form that states you have sole PR, short of a residency order, which I didn't have as there was no point.
I also wonder what might happen if the other parent had died? How upsetting would it be for all parties concerned if a parent and their child either had to carry a copy of the other parents death certificate on holiday with them, or got stopped, questioned and potentially missed their holiday without it?
Is there a database of who has PR for all children that border control can check?
Also, (thought so, but had to look it up) section 1(5) creates a defence to the offence created by section 1 of the Child Abduction Act 1984:-
(5) A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—
(a) he does it in the belief that the other person—
(i) has consented; or
(ii) would consent if he was aware of all the relevant circumstances; or
(b) he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
(c) the other person has unreasonably refused to consent,
So those of us with abusive absent ex-partners (5yrs now) are meant to find them and ask if we can take the DC's on holiday . XP wouldn't let us go out of spite despite not knowing his dc's, we'd be at risk again.
Another example of how the law allows abusive men to still have power over their ex-families . The law needs to be changed to take power back from long absent NRP's, they aren't parents anymore and shouldn't be consulted about anything.
Nappaholic, the problem is a court has to hear a case to determine whether or not consent has unreasonably been refused and if you haven't been able to contact the other parent you need to produce evidence you have tried all reasonable attempts to trace and contact the person. If someone fails to take those precautions they could find their holiday being ruined by last minute court hearings or visits from the authorities abroad when they are on holiday.
Meglet, I'm sorry you have an abusive ex partner but the law is to protect children and prevent international child abduction by either parent. There is no reason why you can't apply for permission from the courts to take children abroad and ask the courts not to disclose your whereabouts.
STIDW So I would just have to apply to a court and say (in a nutshell) "we're going to Florida, we will be back in 2 weeks" and for them to record it ? How does it work? I don't care what it costs I just want us to be safe.
Thing is, STIDW, there would have to be a case brought under the Child Abduction Act in order to present any defence...and who would bring it if the father was "absent"?
The thing is that the law isn't protecting children who live in the UK when it expects abusive parents to be consulted about their children going on holiday. That in itself puts those children at risk. XP knows where we live and has been unhinged enough to threaten to kill his own children in the past, the law should also protect us.
Yes of course a case would have to be brought in order to present a defense but even if there no case it doesn't resolve the problems of being stopped leaving the country as the OP was, or entering another country. Someone last year missed their flight last year because the "absent" parent applied for a Prohibited Steps Order and the hearing was an hour or so before the flight was due to leave. Permission was granted but it was too late.
meglet, in the absence of a solicitor you would need to apply to court for a Specific Issue Order using Form C100 which can be downloaded from the Ministry of Justice website. Perhaps you could persuade the court to grant permission for you to take the children abroad every year for a couple of weeks so you don't need to go back.
nappa good point (although I'm sure the law has a way around it ). XP wouldn't know his children if he bumped into them in the street. He wouldn't know we were going on holiday.
STIDW thank you, that sounds promising. It would be nice to know we could go to France / Florida when they're older. I'm going to take a look at those forms and cross my fingers.
How do border control know who does or doesn't have PR for children though
Some countries are taking the approach that it is up to you to prove you have appropriate authority. So if you are the only person with PR it is up to you to prove that. If you can't you may be refused entry.
Perhaps you could persuade the court to grant permission for you to take the children abroad every year for a couple of weeks so you don't need to go back
The other alternative is to get a residence order in your favour. You are then allowed to take the children out of the country for up to one month at a time without needing anyone's consent.
will the new child arrangements orders cover this ?
if tehre is a no order principle then clearly there is a gap...as in cases mentioned above where there is no contact or ex is abusive etc as it happens i have a residence order so ok to take children out of country wihtout permission for a holiday. but i could foresee someone in greece etc not understanding the order etc .
i have been asked when coming back into uk from france as to who the kids are (they ahve diff surname on uk passports - on their spanish passports they have ex's name and mine which helps) etc. but just been waved on after saying yes they are mine etc. l
"Some countries are taking the approach that it is up to you to prove you have appropriate authority. So if you are the only person with PR it is up to you to prove that. If you can't you may be refused entry."
I can see their point, and I wholeheartedly agree with the reason this is being asked for. The potential heartbreak and damage caused by a child being abducted to another country and the difficulty in having them returned far outweighs the annoyance of getting together some proof of permission or lack of need for it before a family jolly. But, what proof can there be if a parent has sole PR because the father is unknown, or the NRP disappeared before registering the birth, or the children were born before 2003?
A residency order wouldn't be granted because no one is around to object to it. An SIO wouldn't be appropriate if the NRP is not in contact so not actually objecting, just, utterly absent surely? Is there something else that could be used?
I realise that absent parents without PR is an issue which is going to time out quite soon anyway, with the pre-2003 babies coming of age, but that still leaves a fair few families in this pickle until then.
Sorry for the hijack, moldingsunbeams
Have booked a 50th birthday bucket list holiday to Brazil as single parent. However just discovered Brazil needs to have notarised parental consent for travel. As Ex is unwilling to do any paperwork whatsoever not sure how to manage this. Any advice?
This is what the Government website says on the matter. If you can't contact the ex or he won't sign you can get a court order. you will not be stopped if you can clearly demonstrate that it is a temporary visit, like a holiday.
Then you will have a court document to demonstrate you have permission.
How much is a court order likely to cost, does anyone know?
The court application fee for a specific issue order is £175 at present. You can apply for a waiver of fees if you are poor enough...but prob wouldn't then be able to afford a holiday abroad? Legal advice to assist with the application maybe £100-£200. Representation prob £150-£200 an hour for maybe three hours, plus VAT?
Your biggest hurdle will be trying to get service on the "absent" parent, if that's the problem, but it's not insurmountable, as long as you have tried to find him, or there are reasons why you don't want to ask him.
The court is still looking for the best interests of the child in all this, so barring abduction type cases, the court is not likely to refuse a reasonable request! And I can't think of any reason why permission couldn't be given for future trips at the same time.
Not my area of expertise, but if the destination is within the EU, aren't we all free to move between states without a passport anyway?
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