Going on holiday with grandchildren provides the perfect opportunity to create lasting memories, but there are certain rules to follow when you travel abroad with them. You will need the permission of everyone who holds parental responsibility before taking them out of the country.
Getting permission from only one parent with parental responsibility is not sufficient, you must obtain consent from both parents before heading off to the airport. Although verbal consent is acceptable, it is a good idea to get this written down because it is common for challenges to be made by security staff, both in the UK and abroad.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
Should grandparents get a consent letter to take their grandchildren abroad?
Getting written permission to take your grandchildren abroad is sensible, as you could get stopped at either a UK or foreign border, adding unnecessary stress and anxiety to the journey. Border officials commonly ask to see proof of parental consent to help prevent child abduction, with such checks being more likely to happen if you have a different surname to your grandchildren.
You should check the exact rules for the country you are travelling to as they might have different laws on parental permission, consent letters and whether these letters need to be authorised by a notary. Without proper evidence of consent, you could face delays or even denied entry to a country.
What should a consent letter include?
In a formal letter of consent, parents need to outline the trip that their child is taking and express their permission for the child to travel with their grandparents. It should include the following:
- Information about the child – their full name, date and place of birth and passport number
- Name, address and passport details of the grandparents
- Flight information, departure and return date, as well as airports you’ll be flying from and to
- Where the child will stay during the holiday
- Parents’ names, address and contact numbers in case an official calls to confirm parental permission at a border
If you are worried about the format such a letter should take, there is a plethora of online consent letter templates.
What else should grandparents bring when travelling with grandchildren?
You will need the following documentation when taking your grandchildren abroad on holiday:
- Your grandchild’s passport
- A copy of the grandchild’s birth certificate as well as a copy of your son/daughter’s birth certificate to prove the grandparent/grandchild relationship
- The child’s Global Health Insurance Card (GHIC). This will give you access to free or reduced cost emergency state healthcare while in the European Economic Area.
- If the child has any medical issues, a particular illness or an allergy, or is on any medication, consider bringing along their medical notes. This could make things easier because you can show the notes to any health practitioners if your grandchild needs medical care.
Can my children still go on holiday abroad with their grandparents if my ex does not consent?
Taking children abroad without the consent of all those with parental responsibility can be risky. If your ex-partner does not consent to your children going on holiday abroad with their grandparents, it could potentially be considered child abduction, which is a serious offence.
If your ex-partner has parental responsibility, their consent is required for the children to travel abroad. Without it, you or the grandparents would need to obtain a court order to legally take the children out of the country. The court will consider the best interests of the children, including the benefits of the holiday and any potential objections raised by your ex-partner.
In situations where you hold a Child Arrangements Order that stipulates the children live with you, you are permitted to take them abroad for up to 28 days without needing additional consent from the other parent, unless the order specifies otherwise. However, this exception does not automatically extend to grandparents or other relatives.
To ensure compliance with the law and to avoid potential legal disputes, it is advisable to seek either the consent of your ex-partner or a court order before planning any international travel for your children with their grandparents. Consulting with a family law solicitor can provide specific guidance tailored to your situation.
Does a grandparent need to obtain consent from both parents for holidays in the UK?
Grandparents do not typically need to obtain consent from both parents to take their grandchildren on holiday within the UK provided there is no existing court order or specific legal restrictions that would require such consent being required. However, it is generally recommended that you should inform and get the agreement of both parents, especially if they both have parental responsibility, to avoid potential conflicts or misunderstandings.
Parental responsibility includes the right to make decisions about a child’s upbringing, education, and general welfare. If both parents share parental responsibility, both should ideally be kept informed of significant plans involving the children, including holidays, even if the travel is within the UK.
In practice, if the relationship between the grandparents and both parents is amicable, and there are no legal disputes, informal consent might be sufficient. However, if there is a history of conflict or if the grandparents are unsure of the legal situation, it is wise to seek written consent from both parents to ensure clarity and avoid potential legal issues.
Ultimately, maintaining clear communication and agreement with both parents is the best approach to ensure the wellbeing and best interests of the children.
What is the situation if the objecting parent doesn’t have parental responsibility?
If a grandparent wishes to take their grandchild abroad and the objecting parent does not have parental responsibility, the legal situation is somewhat simplified, but there are still important considerations to address.
Only those with parental responsibility need to provide consent for a child to travel abroad. Parental responsibility usually includes the child’s mother and, in many cases, the father (depending on marital status and other factors such as being listed on the birth certificate after a certain date).
If the objecting parent does not have parental responsibility, the grandparent only needs to obtain consent from the parent who has parental responsibility. If, for example, the mother has sole parental responsibility, her consent would be sufficient.
While the objecting parent without parental responsibility does not have the legal right to prevent the travel, if there are ongoing disputes or concerns about the child’s welfare, the matter could still potentially be brought to the attention of a court.
The grandparents should ensure they have clear, written consent from the parent with parental responsibility and take appropriate documentation as described above. Even if the objecting parent lacks legal authority to prevent the travel, maintaining open communication and addressing concerns where possible can help prevent conflict and ensure the child’s best interests are prioritised.
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