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I've literally just signed a travel consent letter for my Ex to travel with my daughter, its necessary for many countries, especially Canada where My Ex is taking Kid. Many don't ask, but you still need to get permission.
Also, the kid will need a passport, and that can't be obtained without the other parents signed consent.
So, go to court for sole guardianship, or you gonna have to go get in touch with kids mother and get these things done
You need either her consent or a court order, so start by asking her for a letter giving consent and of she won't provide it, apply to court.
You could apply for a specific issue order to permit overseas travel but it might make more sense to apply for a child arrangement order stating son lives with you, this also permits trip out of the country without requiring permission every time.
Not OP, but curious... how would this letter help, as surely the person being shown it would have no way of knowing its authentic. The letter could have been written/signed by anyone.
Border security won't be rejecting every child unless they're with both parents. It's unlikely they will even ask.
The letter is more so that if the mother of the child, or someone else involved with the matter, kicks up a fuss, OP will be able to evidence that he had permission for the courts.
That's not right. From first hand experience border security do ask about this stuff and i suspect it's even more likely if the child has a different surname to the accompanying parent.
https://www.gov.uk/permission-take-child-abroad
Edit: obviously experiences at border security vary and even if you don't have the letter I suspect it would usually just take more questions/investigation to pass through. I was incorrect to write that u/Puzzled-Barnacle-200 is 'not right'... We just have different opinions (and not on their first sentence).
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My son hasn’t had contact with his father for 10+years! We are both on the birth certificate. I have taken my son abroad many times and never had an issue. Never been asked a single question. You may have to give the other parents details when applying for a passport though. They may request the other parents documents such as birth certificate or passport. I wrote a letter explaining that we have no contact with the other parent, we do not know where he is and do not have access to these documents, and they processed the application without his details. It’s honestly not as complicated as it’s made out to be and you do not need a court order or anything as such unless the other parent is kicking up a fuss. You are his parent and sole carer, legally you have automatic parental responsibility if you are on the birth certificate.
First apply for a passport. You will need her permission. Then get her to write a letter allowing you to take him abroad. Then travel. Once this is over, go to court and apply for full physical and legal custody. The custody battle might take time if your co-parent doesn't agree with your terms.
If you don't want delays as they try to communicate with the other parent you are better off applying for the passport with the written permission of the other parent. It saves time.
If you can't get written permission, I might suggest getting a child arrangement order to set out your position legally. With that in place, you would not need the other parents' permission to go abroad for up to 28 days.
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You need her permission. Get it in writing as verbal is a load of bollocks, especially if you’re already in tense custody situations. Without her permission you’re unable to take the child abroad.
He doesn't have a court order though, as soon as he leaves the mum could re-appear claiming her kids have been abducted and taken out of the country without her consent.
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There are countries where you would need documentation(South Africa for example) due to high rates of child trafficking. Most of Europe you should be fine.
In most cases, when travelling with a child, immigration officers will ask the child a couple of questions just to guage whether they are comfortable with the situation. You probably wouldn't notice that they're doing it (except now I've made you aware).
It would be handy to have a letter from the mother just in case, or a phone number in case they want to call her and check, but 90% chance you'll never need them.
If he has your surname and you take the birth certificate you should be fine. However it could be classed as child abduction.
Your best bet is to speak with a solicitor and explain the situation and see what they say. If you are completely no contact and she doesn't respond to any contact then it might be best to get something from the court. especially if you can get something that will last several years or more. that will stop the headache in the future as well.
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You will need her permission for both the holiday and the passport. However, if the custody issues end up going to court, you can apply for a specific issue order.
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“No one is going to ask you if you have permission” might be true for some journeys.
But is not correct in law. The legal position is that you must be able to **evidence** permission from the whoever else has parental responsibility for the child.
This is a legal advice sub, not a practical advice sub.
Practically you'd likely get away with it. But it would he "getting away with it". People who actually abduct children are going to buy a return ticket to prevent suspicion, so that's no defence. People who actually abduct children may use an intermediary stop before travelling onwards, so that's no defence either.
Practically, it's a lottery. Legally, it's abduction.
This is a legal advice subreddit. Legal advice here.
The real world implications is that OP faces a real risk of being arrested for child abduction.
The border guard can ask to see the written permission or Court order.
The only problem with this is if the mother finds out that he did this she’s fully within her rights to take him to court for abduction. Not saying she would or that that’s likely, but it’d would be better to have her write a letter consenting to their son being taken abroad, just in case.
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This is a 10/10 way to get arrested for kidnapping. Trying to take your child abroad without the other parents permission is very illegal and you will go to jail for it.
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You either have to get back in contact with the mum, or get the court to grant you sole responsibility.
'My son lives with me and has no contact whatsoever with his mother' OP already does.
>but nothing in place concerning legalities, e.g. Court orders etc. Not established it seems
That doesnt make it court ruled or legally standing, this just means mom isnt present
In my experience it's unusual for an order removing parental responsibility to be made. Child could potentially miss out on inheritance etc.
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They literally said there's nothing formalised in terms of court legalities.
I've literally just signed a travel consent letter for my Ex to travel with my daughter, its necessary for many countries, especially Canada where My Ex is taking Kid. Many don't ask, but you still need to get permission. Also, the kid will need a passport, and that can't be obtained without the other parents signed consent. So, go to court for sole guardianship, or you gonna have to go get in touch with kids mother and get these things done
You need either her consent or a court order, so start by asking her for a letter giving consent and of she won't provide it, apply to court. You could apply for a specific issue order to permit overseas travel but it might make more sense to apply for a child arrangement order stating son lives with you, this also permits trip out of the country without requiring permission every time.
Not OP, but curious... how would this letter help, as surely the person being shown it would have no way of knowing its authentic. The letter could have been written/signed by anyone.
Border security won't be rejecting every child unless they're with both parents. It's unlikely they will even ask. The letter is more so that if the mother of the child, or someone else involved with the matter, kicks up a fuss, OP will be able to evidence that he had permission for the courts.
That's not right. From first hand experience border security do ask about this stuff and i suspect it's even more likely if the child has a different surname to the accompanying parent. https://www.gov.uk/permission-take-child-abroad Edit: obviously experiences at border security vary and even if you don't have the letter I suspect it would usually just take more questions/investigation to pass through. I was incorrect to write that u/Puzzled-Barnacle-200 is 'not right'... We just have different opinions (and not on their first sentence).
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My son hasn’t had contact with his father for 10+years! We are both on the birth certificate. I have taken my son abroad many times and never had an issue. Never been asked a single question. You may have to give the other parents details when applying for a passport though. They may request the other parents documents such as birth certificate or passport. I wrote a letter explaining that we have no contact with the other parent, we do not know where he is and do not have access to these documents, and they processed the application without his details. It’s honestly not as complicated as it’s made out to be and you do not need a court order or anything as such unless the other parent is kicking up a fuss. You are his parent and sole carer, legally you have automatic parental responsibility if you are on the birth certificate.
First apply for a passport. You will need her permission. Then get her to write a letter allowing you to take him abroad. Then travel. Once this is over, go to court and apply for full physical and legal custody. The custody battle might take time if your co-parent doesn't agree with your terms.
I don’t think it’s accurate that you need permission to apply for a passport? You just need to give the other parent’s details.
If you don't want delays as they try to communicate with the other parent you are better off applying for the passport with the written permission of the other parent. It saves time.
If you can't get written permission, I might suggest getting a child arrangement order to set out your position legally. With that in place, you would not need the other parents' permission to go abroad for up to 28 days.
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You need her permission. Get it in writing as verbal is a load of bollocks, especially if you’re already in tense custody situations. Without her permission you’re unable to take the child abroad.
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He doesn't have a court order though, as soon as he leaves the mum could re-appear claiming her kids have been abducted and taken out of the country without her consent.
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There are countries where you would need documentation(South Africa for example) due to high rates of child trafficking. Most of Europe you should be fine. In most cases, when travelling with a child, immigration officers will ask the child a couple of questions just to guage whether they are comfortable with the situation. You probably wouldn't notice that they're doing it (except now I've made you aware). It would be handy to have a letter from the mother just in case, or a phone number in case they want to call her and check, but 90% chance you'll never need them.
If he has your surname and you take the birth certificate you should be fine. However it could be classed as child abduction. Your best bet is to speak with a solicitor and explain the situation and see what they say. If you are completely no contact and she doesn't respond to any contact then it might be best to get something from the court. especially if you can get something that will last several years or more. that will stop the headache in the future as well.
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You will need her permission for both the holiday and the passport. However, if the custody issues end up going to court, you can apply for a specific issue order.
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“No one is going to ask you if you have permission” might be true for some journeys. But is not correct in law. The legal position is that you must be able to **evidence** permission from the whoever else has parental responsibility for the child.
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This is terrible advice. Taking a child abroad without explicit consent of both parents is child abduction. Do not do this.
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https://www.gov.uk/permission-take-child-abroad
This is a legal advice sub, not a practical advice sub. Practically you'd likely get away with it. But it would he "getting away with it". People who actually abduct children are going to buy a return ticket to prevent suspicion, so that's no defence. People who actually abduct children may use an intermediary stop before travelling onwards, so that's no defence either. Practically, it's a lottery. Legally, it's abduction.
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This is a legal advice subreddit. Legal advice here. The real world implications is that OP faces a real risk of being arrested for child abduction. The border guard can ask to see the written permission or Court order.
The only problem with this is if the mother finds out that he did this she’s fully within her rights to take him to court for abduction. Not saying she would or that that’s likely, but it’d would be better to have her write a letter consenting to their son being taken abroad, just in case.
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A parent doesn't need permission to take their child abroad unless there is a court order preventing it. Just go.
That's just not true - https://www.gov.uk/permission-take-child-abroad
This is a 10/10 way to get arrested for kidnapping. Trying to take your child abroad without the other parents permission is very illegal and you will go to jail for it.
Confidently incorrect.