Flying with a child with a different surname? Lawyer explains strict rules and proof you need to board
Travelling abroad with kids in tow is stressful as any parent knows. And doing it alone, without another parent only serves to ramp up the stress levels for many.
And if your child has a different surname to you, there is the additional worry of being questioned at passport control about where and why you are leaving the country.
Social media is awash with worried separated, remarried or single parents asking if they need the permission of the other parent to jet off on a foreign holiday with their kids.
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And while mothers automatically have parental responsibility the government warns that you still need the permission of anyone else with parental responsibility to take the child abroad.
On the gov.uk website a warning says: "Taking a child abroad without permission is child abduction."
Austin Lafferty from Austin Lafferty Solicitors said this strict rule applies until the child is 16 years old.
And he has detailed the steps to take to ensure you don't have any issues when travelling with a child with a different surname to yours.
He said: “The Children (Scotland) Act states that you need the consent of both parents to take a child abroad until they reach 16 years of age. If a child has a different surname, that is likely to imply that there is a separated parent, so the child therefore has a different mother or father.
"In this case, it would be advisable to have consent from the non-present parent. This doesn’t necessarily need to be a formal letter - a text, WhatsApp message or email may be sufficient proof of consent."
He said this rule also applies to grandparents travelling with grandkids as they have no parental responsibility.
He added: "This also applies to a grandparent, or any party taking a child abroad, who doesn’t have parental rights and responsibilities. The only parties that have this automatically are the mother and father.
"It would be advisable to have evidence of consent from both parents when a grandparent is taking a child abroad without his or her parents. Again, this could be a letter signed by both parents, or simply a text, WhatsApp message or email."
He said in cases where you cannot get parental consent you might come across an issue. Austin said: "Should you be unable to get parental consent, be prepared to be questioned at immigration or border security.
"If the officials feel there should be consent when there is none, they are likely to return the parties to the country they have arrived from - and further notify the relevant authorities.”
Furthermore, the rules can differ in other countries. It is always a good idea to check with the embassy or consular office of the country you are travelling to for information about the age limit up to which a person is considered a child.
The government also advises to bring proof of your relationship with the child too. For example, it is a good idea to have their birth certificate or adoption certificate on you while travelling.
And if you are a single parent but your family name is different from your child's, take a marriage or divorce certificate as further proof.
