Taking children on holiday when father is absent.

[MsGameandWatching]

I want to take my children to Canada and I know they often ask for legal confirmation that the other parent has given permission for the children to travel. How can I get this if he's absent and has virtually no contact with them and I don't know where he is from one year to the next? Is this something that I could get a court to allow even though he's not around?

Many thanks.

Does he have parental responsibility for the children - if you were married or he is on the birth cert (assuming that they were born in England) then he will have. Are there any court orders in place already? I assume that he does have PR and there are no court orders but if that is not right then it might be different.

Do you mean for a holiday or permanently for the trip to Canada? Either way, you can get a 'specific issue order' to give you permission to travel without his consent. Alternatively you can risk it on the basis that from the point of view of English law there is no requirement explicit, written consent from the other parent and it is difficult to see that you would be prosecuted for child abduction in these circa! Nonetheless, lots of countries are tightening up their rules so if you want to avoid any potential problems at the airport then a court order would solve that and could give you permission for the future too. Unless there is any major issue that you haven't mentioned then it is extremely hard to imagine a situation in which they would refuse.

Thank you for replying. Yes he has PR, no there are no court orders in place. Is a ten day holiday, not a permanent relocation. Children will be 16 and 12 when we travel. So I could look into a specific issue order, even though he's not around? There's no issues that I haven't mentioned.

A child arrangements order specifying that the children live with you automatically means you can take kids overseas for up Roto 28 days without consent.

A court will need to see you have tried to serve him with papers.

When are you hoping to travel?

Ah so they are not little then. I don't think the 16 year old is a worry at all from the point of view of English law as my recollection is that the laws on abduction don't apply to 16+ anyway. Canada may of course have its own rules (I know S Africa require permission up to 18). It's also much easier for children of the ages yours are to give a convincing explanation of the reality of the situation to an official which helps.

Yes you can get a specific issue order even though he's not around if you want the certainty that that brings. I do think we need some kind of way of dealing better with this kind of situation where only one parent has actually acted as a responsible parent for years but the other still has PR on paper. It is absurd that there's any uncertainty for you.

Not travelling till August next year but just want to get it all ironed out before then. As far as I know he lives in Thailand. I'm not sure how I could serve papers, I have no address for him, maybe an old email address but that's it.

You just have to explain that, and try. Email to the old address, trawl social media, phone old numbers. Try to contact his family. That sort of thing.

Ultimately the court will understand. It just needs you to say what efforts you have made to contact him.

You need to show that you have tried to trace him not that you have actually served the papers. If you make adequate efforts such as using a professional firm to trace him but still can't find him you should be able to proceed.

I’ve never been asked about permission from the other parent. I’ve been asked what my relationship was with them as we don’t have the same surname, but they accepted I was their mum and advised to bring birth certificate in future.

Just to add, definitely do not risk it with Canada - they are very hot on this issue. A residence order is a permanent solution.

I’ve never been asked about permission from the other parent

That doesn't mean you never will be. It varies from country to country. Countries change their approach over time. And, of course, it can depend on the individual immigration official you are dealing with. Unfortunately, every year some people find themselves coming home without the holiday they booked after being refused entry at their destination due to their inability to prove they have the correct permissions to take their children out of the UK.

Is a specific issues order usually just for one holiday, or can it be to allow holidays in general?

Thanks so much for all your replies. Definitely not going to chance it having read them. I've travelled to the US, UAE and SE Asia with my kids and never been questioned or stopped but I had read that Canada were stricter.