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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2062
Experience:  Expert
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I’ve just got a question in regards to a child going on

Customer Question

Hi I’ve just got a question in regards ***** ***** child going on holiday when parents are seperated. The parent has the verbal consent from the other to take the child abroad. Is this sufficient or is there any necessary legal documents which need signed and paid for through a solicitor?
JA: Where are you? It matters because laws vary by location.
Customer: In Newcastle Upon Tyne
JA: What steps have you taken so far?
Customer: None thus far
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I believe that’s everything
Submitted: 9 days ago.
Category: Law
Expert:  MARTINT330 replied 9 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 9 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 9 days ago.
It is the mother of the child who wants to take the child on holiday. She is claiming that each time she needs to take the child away she needs to pay for a form signed by the father and a solicitor which needs to be paid for. As an alternative the mother is proposing that the child’s surname should be changed via deed pole to be double barrelled to bypass this issue.
Expert:  MARTINT330 replied 9 days ago.

May I ask what is your ideal outcome to the situation?

Customer: replied 9 days ago.
That the child is able to go on holiday with verbal consent from the Father without the surname being changed
Expert:  MARTINT330 replied 9 days ago.

To give context, the mother automatically has parental responsibility as the mother, but she still need the permission of anyone else with parental responsibility before she can take the child abroad. Because of this, she can take the child abroad for up to 28 days without the father's consent.

Nevertheless, it is still recommended to get the fathers consent to take a child abroad. This would avoid any possible allegations of child abduction which amounts to a criminal offence. Most airport securities will query whether the other parents permission has been provided before allowing a child into the country; so it can be safe to be prepared.

Expert:  MARTINT330 replied 9 days ago.

I would advise her to get a written notice of the father, but if she do not have any more contact with him, and she does not know his whereabouts, she may need to apply with the courts for a court order. In this regard, she will need the assistance of a solicitor to make the application with the family courts. To find a local solicitor within her area, she may visit the following website and use their search function: https://solicitors.lawsociety.org.uk.

Expert:  MARTINT330 replied 9 days ago.

Is there anything else I can help with today?

Customer: replied 9 days ago.
The mother still has contact with the father so would the written document need signed by a solicitor or would that not be necessary?
Expert:  MARTINT330 replied 9 days ago.

It is not necessary for the document to be signed by a solicitor.

Expert:  MARTINT330 replied 7 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.