Millions of UK residents travel abroad at Christmas, particularly those with young families craving Santa, snow and reindeer or a little winter sun. However, what many may not realise is that separated or divorced parents could be turned away from flights if their surname is different to their children’s.

Those who have travelled with their children before are probably aware of the relevant requirements. However, with nearly 22,000 Final Orders granted between January and March 2024, this could be the first time a recently separated or divorced parent has travelled with their children following their separation and, potentially, since their children’s name changed.

What do divorced parents need to take to the airport to ensure they are not turned away from flights?

Parents planning to travel with their children this Christmas need to be aware they will need to take extra documentation to make sure they are not turned away from flights at the airport. This will prove that the children are theirs despite them having different names. This will satisfy the authorities in terms of their responsibility to identify and tackle the risk of child abduction and child trafficking.

The paperwork parents need to provide includes:

• Their and their children’s passports
• A sealed copy of the Court Order permitting the parent to travel alone with their children
• A letter of consent from the other parent (or any other party with legal parental responsibility for the children) not travelling
• The child’s birth or adoption certificate
• Your marriage certificate or, if the marriage has formally ended in divorce, a copy of the Final Order

While the consent of both parents or any other party with Parental Responsibility is usually critical, there are two exceptions:

1. The parent travelling has a ‘Lives With’ Court Order that allows them to take the child on holiday for up to 28 days without needing the consent of the other parent.
2. The parent travelling has a Specific Issue Order that states they are permitted to travel internationally.

It is also advisable to support this paperwork by conducting two additional checks.

The first is to ask the airline if they have any specific requirements relating to travel with children with different names. The second is to check the country you are travelling to has any specific requirements, for example an age limit for travelling with minors. While the paperwork you produced in the UK will enable you to leave the country, if your destination does not permit travel with minors, you may not be let in when you land. This information should be readily available from that countries UK embassy or the embassy’s website.

How do you obtain permission to travel from a court?

If permission from the other people with parental responsibility isn’t forthcoming, you will need to apply to a court for permission to take a child abroad.

They will ask for the details of the trip, when you plan to leave, how long you will be away for and the date you plan to return on. They also need to know the contact details of the other people with parental responsibility who will be remaining in the UK during the trip.

If you are planning an extended trip, you will also need to tell the court how the children’s education will continue.

If this blog raises any concerns about a trip you are planning and you’d like to find out more about the paperwork you’ll need to produce or about making an application for a court order, please contact our experienced family barristers today.