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Travelling abroad with your children

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.

Your Questions, Answered

FAQs

Children’s Solicitors at HM & Co. Solicitors FAQs

1. What types of children’s law issues can your solicitors help with?

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Our specialist children’s law team advises on a wide range of matters, including:
<ul>
<li>Setting up or changing <strong>child arrangements</strong> (sometimes known as custody or access)</li>
<li>Dealing with <strong>parental responsibility</strong> issues</li>
<li>Addressing concerns involving <strong>social services</strong> and local authorities</li>
<li>Guiding <strong>grandparents</strong> or other relatives who need legal assistance in caring for a child</li>
<li>Supporting <strong>surrogacy</strong> and <strong>adoption</strong> processes</li>
<li>Handling <strong>overseas travel</strong> or relocation with a child</li>
</ul>
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2. Why should I use a solicitor that specialises in children’s law?

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Children’s law can be complex and emotionally challenging. A solicitor who focuses on family and children’s matters can:
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<li>Offer <strong>tailored guidance</strong> relevant to your child’s wellbeing</li>
<li>Suggest child-centric solutions that prioritise minimal disruption</li>
<li>Negotiate on your behalf to help reduce conflict and stress</li>
<li>Provide clarity on <strong>legal processes</strong> related to parental responsibility, child arrangements, and more</li>
</ul>
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3. Is the child’s welfare always the top priority in these cases?

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Yes. Under family law in England and Wales, <strong>the welfare of the child</strong> is paramount. Courts, solicitors, and social services all centre on the child’s best interests when making decisions that affect their future. We keep this principle firmly in mind throughout every stage of advising and representation.

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4. We’ve separated amicably. Do I still need a children’s solicitor?

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Even in amicable break-ups, <strong>formalising child arrangements</strong> can prevent misunderstandings later. A solicitor helps ensure your agreement is legally sound, reflecting each parent’s responsibilities and the child’s needs. It can bring reassurance and stability for everyone involved.

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5. How can you assist if I’m dealing with social services concerns?

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Our children’s law solicitors can:
<ul>
<li>Explain your <strong>rights and responsibilities</strong> when social services become involved</li>
<li>Represent you in <strong>meetings or court proceedings</strong>, ensuring fair treatment</li>
<li>Offer <strong>practical advice</strong> on steps to resolve concerns and maintain your parental role</li>
</ul>
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6. Can you help if grandparents or other family members want contact with a child?

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Yes. We often advise grandparents, aunts, uncles, or other relatives who seek a <strong>child arrangements order</strong> to maintain or establish contact. Our team can guide you through the necessary legal procedures, providing the best chance of preserving those important family bonds.

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7. What if I want to take my child abroad, or my ex-partner does?

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Relocation and travel abroad can be sensitive areas in children’s law. We can:
<ul>
<li>Clarify <strong>legal requirements</strong>, especially if you plan an extended move</li>
<li>Help secure necessary permissions from the other parent or the court</li>
<li>Assist in objecting to a child’s relocation if you have concerns</li>
</ul>
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8. Why is professional legal advice important for surrogacy and adoption?

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Surrogacy and adoption involve:
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<li><strong>Complex legal processes</strong>, including parental orders</li>
<li>Co-ordination with multiple parties, like agencies or local authorities</li>
<li>Ensuring <strong>correct legal status</strong> for parents and securing the child’s rights Having a solicitor means you can navigate each stage with confidence and clear guidance.</li>
</ul>
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9. Can children’s solicitors represent the child in court directly?

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Children can sometimes have their own representation, typically via a <strong>Children’s Guardian</strong> (appointed by the court). Our solicitors often work alongside these guardians, ensuring that legal decisions fully reflect the child’s best interests. In certain cases, older children may be able to instruct a solicitor themselves, depending on maturity and court approval.

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10. How do I get started with HM & Co. Solicitors?

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Simply <strong>contact us</strong> to set up an initial consultation: <strong>Address</strong>: 186 Lower Road, Surrey Quays, London SE16 2UN
<strong>Telephone</strong>: 02071128180
<strong>Email</strong>: <a rel="noopener">info@hmsolicitorsltd.com</a>

We’ll discuss your family’s specific situation, explore your options, and help you feel more confident about safeguarding your children’s welfare.

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Testimonials

What Our Clients Are Saying

I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha. This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding. I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings. If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha. Thank you again for all your help and support!
Simone Simoes
Simone Simoes
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
O Adesina
O Adesina
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
Constanta Tincu
Constanta Tincu
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers). Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
Sophia Dimitriadis
Sophia Dimitriadis
Shocked and surprised! I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
Fareen Ali
Fareen Ali
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