Travelling and Leaving the Country
Since October 1998 all children who were not on a valid 10-year passport need to have a passport of their own to travel abroad. A parent or other person with a residence order may take a child out of the country for a period of four weeks without the permission of non-residential parents or other holders of parental responsibility. This is to allow parents to take their children for holidays without requiring permission of the other parent. However where a parent is concerned about the frequency of such trips or has fears that a parent may abduct a child he or she can apply to the court to impose restrictions on removal or require that a passport be surrendered.
Removal of a child from the jurisdiction on a more permanent basis is more complicated. Again the paramountcy of the child’s welfare will prevail in considering whether such a move should be permitted. A court will also consider the impact of the removal on the child’s relationship with his or her other parent and any siblings or extended family members who are to remain in the UK.
Where a child is removed from the jurisdiction without agreement it is possible to use the Hague Conventions on Child Abduction (the Hague Conventions), which provide a procedure for the summary return of abducted children. The aim is that the law of the country of habitual residence of the child should be enforced unless specific and somewhat restrictive grounds can be satisfied that the courts in the country of habitual residence should sort out any difficulties that need resolution. While courts must take into account the wishes and feelings of the child, children do not have a right to invoke the Hague Conventions in their own right.
Removal of a child from the jurisdiction on a more permanent basis is more complicated. Again the paramountcy of the child’s welfare will prevail in considering whether such a move should be permitted. A court will also consider the impact of the removal on the child’s relationship with his or her other parent and any siblings or extended family members who are to remain in the UK.
Where a child is removed from the jurisdiction without agreement it is possible to use the Hague Conventions on Child Abduction (the Hague Conventions), which provide a procedure for the summary return of abducted children. The aim is that the law of the country of habitual residence of the child should be enforced unless specific and somewhat restrictive grounds can be satisfied that the courts in the country of habitual residence should sort out any difficulties that need resolution. While courts must take into account the wishes and feelings of the child, children do not have a right to invoke the Hague Conventions in their own right.
