Planning a trip overseas with your children can be stressful, but when you don’t share their surname, you may face extra challenges. Below, we explore some of the hurdles you might encounter, the documents you’ll need, and how to prepare everyone involved for a smoother journey.

Consent to Travel

Do You Need Your Ex-Partner’s Consent?

If the child’s other parent isn’t accompanying you, it’s best to obtain their written permission before you travel.

• Child Arrangements Order: Where a court order states the child ‘lives with’ you, strictly speaking, you only need consent if you’re travelling outside the UK for more than 28 days.
• All Other Cases: You need permission from each person with parental responsibility. Without it, or without a relevant court order, you could technically be committing child abduction.

How to Document Consent

We recommend asking the other parent to sign a formal consent form or write a letter that includes:

• Dates and destination of your trip
• The address where you’ll be staying
• Full contact details for both parents
• Their signature

Attaching a copy of the other parent’s passport alongside the consent form can help confirm their identity.

Documents You May Need

1. Your Child’s Birth Certificate

A birth certificate states your child’s full name, date and place of birth, and the names of their parents at the time of registration. If your name has changed since the birth, you’ll need additional documentation showing how (see below).

2. Proof of Your Name Change

You might carry:

• Marriage Certificate (if you changed your surname upon marriage)
• A Change of Name Deed
• An expired passport in your old name (this can be particularly helpful as it features both your previous name and a photo)

By presenting these, border officials can trace the progression of your name from your child’s birth certificate to your current travel documents.

3. Court Orders (If Applicable)

If there’s a Child Arrangements Order or other relevant family court order, keep a copy. It can be useful if you need to prove your entitlement to travel with your child, especially if their other parent isn’t present.

Preparing Your Children

If your child and you have different surnames, airport or border staff may speak to them directly to confirm your relationship. It’s wise to reassure them in advance:

• Answer Honestly: Encourage them to reply openly if asked about you or your travel plans.
• No Jokes: Explain it’s an official procedure; humour might inadvertently cause confusion.

Final Thoughts & Practical Tips

• Gather Paperwork Early: Don’t wait until you’re about to leave. Getting hold of name-change documents or sealed copies of orders can take time.
• Organise into One Folder: Keep all relevant papers together to speed up checks at the border.
• Check Entry Requirements: Some destinations have specific rules about travelling with children. Always check official government guidance.

Contact HM & Co. Solicitors

Navigating travel restrictions and legal responsibilities can be daunting when your children have a different surname. If you have concerns about consent, parental responsibility, or child abduction issues, we’re here to help.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

At HM & Co. Solicitors, we have extensive experience in family law, including international child travel matters. Our goal is to ensure your holiday plans proceed with minimal stress—so you and your children can focus on enjoying your time abroad.