Family Law
Parental Rights When a Child Travels Abroad
Written consent, court permission and the child’s welfare.
Custody alone does not remove the requirement
Section 41 requires the other parent’s written consent to travel abroad, during marriage and for the parent with custody after divorce. Custody does not by itself displace this rule. Existing court orders and the proposed travel arrangements must be checked.
Permission may be sought from the court
Where consent is refused or the other parent is absent, court permission may be requested. Explain the destination, purpose, duration, return arrangements and the child’s needs. The application should focus on welfare rather than parental conflict.
Plan ahead
Prepare travel, school or treatment documents and consent correspondence. Temporary travel differs from relocation. Where non-return is a concern, consider protective orders and any applicable international procedures in advance.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.