In Scotland the basic law is that no person is entitled to remove a child from the United Kingdom without the permission of anyone holding parental rights and parental responsibilities with respect to that child. This means if either parent wishes to take a child out with the United Kingdom or if anyone else wishes to do so – including grandparents – they require to obtain the consent of both parents and/or anyone else holding parental rights and responsibilities.
Consequently where parents are separated, a parent who goes on holiday abroad with a child must get consent to do so from the other parent or any other person holding parental rights and responsibilities. We would always recommend a formal travel consent be prepared and signed. Please be aware, some countries travelled to, may seek a formal travel consent signed by the parents and/or anyone else holding parental rights and responsibilities.
The purpose of outlining all of this is to avoid various issues we have encountered such as:
- One parent wishes to take a child on holiday to Disneyworld, Florida and the other parent does not wish this to happen or is not told about it in advance. Arrangements are made, flights are booked and at the last possible minute one parent approaches the court for an interdict to prevent that child from going on holiday. It is a very difficult task for a solicitor to convince the court that a child should not be allowed to go on a dream holiday to Disneyworld Florida and such a holiday will probably be allowed unless there are very good reasons not to do so. However, the very fact that the matter has reached court will have caused expense to both parents, and in particular, distress for the child in circumstances where with a little communication and discussion these difficulties should never have arisen;
- Where a parent seeks to take a child out with the United Kingdom and the other parent agrees to do so but the parent and child are unable to travel due to them not having a formal travel consent signed by the other parent to show to officials in the airport;
- Where grandparents of a child wish to take the child out with the United Kingdom. One parent agrees but the other parent does not. Arrangements are made, flights are booked and the grandparents require to instruct solicitors to attempt to negotiate with the parent who does not consent. As no agreement can be reached and the booked holiday is getting closer, the grandparents require to raise court proceedings seeking a court order to consent to the child being taken out with the United Kingdom for a holiday;
- Where grandparents seeks to take a child out with the United Kingdom and both parents agree to do so but they are unable to travel due to them not having a formal travel consent signed by the parents to show to officials in the airport.
The advice is therefore to communicate in plenty time with the other party or parties involved, long before the holiday is booked or even properly planned. In the event of a dispute, the parties can attend mediation to see if this can achieve agreement. Most parents and other parties involved can achieve agreement amicably either by having a discussion or attending mediation.
It is also always best to have a formal travel consent prepared and signed for a holiday out with the United Kingdom where only one parent is taking the child or where someone who does not hold parental rights and responsibilities intends taking the child on holiday.
In the event agreement cannot be reached, the Sheriff Court can be approached in advance for the necessary holiday permission. The court will only grant an order where it considers it to be in the best interests of that child to go on the holiday in question so this is not guaranteed. Court can be costly for parties and should really be the last resort where agreement cannot be reached. Best not to end up here though if it can be avoided.
Call us on 0800 005 1755 or contact us via the link on our home page if you require further help or advice or wish to consider a formal travel consent form.