The school summer holidays are right around the corner and holiday plans are in motion. Children and parents alike will be looking forward to some time to (hopefully) relax and enjoy vacationing somewhere warm and sunny.
For single parents, especially those travelling abroad with their children solo for the first time, there will be extra considerations, particularly regarding surnames.
Surnames hold a great deal of importance as they relate not only to our personal identity but also to our history. For women in particular, a change in surname often means a change in circumstance, whether through marriage, having children, or divorce. For many people, sharing a surname with their closest family members is hugely important. For others, retaining their surname (despite a change of circumstances) is the choice that is best for them. Furthermore, many people decide to revert to their family name following a breakdown in a relationship.
All of these scenarios can leave individuals in a position where they do not share the same surname as their children. In day-to-day life, this may have little impact as the landscape of modern families is broad, with greater understanding of different structures and customs. However, there may be implications, especially as it pertains to travel, if you do not share a surname with your child.
There are a few things to be aware of to help your summer holiday proceed as smoothly as possible. Firstly, it is important to understand that restrictions are in place at border controls to prevent child abduction. Such safety measures mean that parents accompanying children with a different surname will need to prove their relationship.
It may seem obvious where travel permissions apply, but in the unique landscape of the UK, please keep in mind that this is required when travelling to Scotland or Northern Ireland, as they have entirely different legal systems. Therefore, proof of parentage and potentially permission from the other parent may be required even when travelling within the UK if you are crossing jurisdictions.
Many parents are unaware that they need written permission from the other parent, or person with parental responsibility, if they are planning to travel abroad. This needs to be done well in advance to ensure there are no issues.
Ideally, parents would be able to seek this directly from each other. However, in some cases this is not possible, especially when there has been a history of abuse or a breakdown in communication. In such situations, permission can be sought via solicitors as intermediaries or ultimately through the court, which will decide whether a proposed trip is in a child’s best interests. If this step is required, you will be subject to court timetabling, which can lead to delays. As such, it is highly recommended that discussions around travel abroad occur well in advance of any intended holiday to ensure all arrangements and permissions are in place.
The important exception to the above is where the travelling parent has a child arrangements order that specifies the child or children live with them (known as a “lives with” order). This means you can take children abroad without the permission of the other parent for up to 28 days. However, this time must not interfere with any agreed contact the other parent has with the children, as documented in the same order.
Other details that may be requested of parents travelling solo (or with a new partner) include the full contact details of the children’s other parent, a letter from the other parent confirming permission for travel, and proof of relationship (for example, a birth certificate or adoption certificate). A divorce certificate can also be useful as evidence of your changed relationship with the children’s other parent.
Whilst it is very rare, children (depending on their age) can be questioned at border control. This is not anything to worry about, but it is best that children are prepared for it and know that they just need to answer honestly.
Early organisation and the right documents will help your plans go as smoothly as possible, limiting the chaos to sugar-highs and a forgotten toothbrush.
Emily Beven is a senior associate at Stowe Family Law.
