A. It is a criminal offence under the Child Abduction Act 1984 for a parent to take a child aged under 16 out of the UK with appropriate consent.
If her father has parental responsibility, it will be necessary for the mother to get his consent before travelling abroad. Although the father was never married to the mother, he will have parental responsibility if his name is on the child's birth certificate, if he has entered into a Parental Responsibility Agreement with the mother, if he has obtained a Parental Responsibility Order from the court, or if he has a court order granting him residence in relation to the child.
However, if the mother has a Residence Order in place or holds residence of the child under a Child Arrangements Order, then she is able to take her child out of the UK for up to 28 days without the consent of anyone else with parental responsibility. Where consent is required and the mother can't get the consent of the father with parental responsibility, then the mother will have to obtain the court's permission to do so. If she doesn't do this, it may be a criminal offence or contempt of court if she takes the child out of the country.
Do you have any questions?
Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, The National Education Line on 0845 345 4345, Or visit www.childrenslegalcentre.com
Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com
?For free legal advice on issues relating to migrant children call 0207 636 8505
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