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Hello-family legal advice needed

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  • Hello-family legal advice needed

    hi all.
    i am looking for some guidance regarding taking my niece on a few days holiday. She is currently in a kinship care placement with my parents. She has contact with both her parents and there is currently no residence order in place. However her contact with them is at social works discretion. My question is do I need permission from both her parents to take her out of the country or is permission from her mum sufficient.

    Grateful for any advice or to be pointed in the right direction
    Tags: None

  • #2
    Hi, Government guidelines in such cases is quite clear, here is an example which you can access on: https://www.gov.uk/permission-take-child-abroad
    To take a child abroad
    You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad. Taking a child abroad without permission is child abduction.
    You automatically have parental responsibility if you’re the child’s mother, but you still need the permission of anyone else with parental responsibility before you take the child abroad.
    You can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can’t.

    Get permission from someone with parental responsibility
    A letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad.
    You might be asked for the letter at a UK or foreign border, or if there’s a dispute about taking a child abroad. The letter should include the other person’s contact details and details about the trip.

    It also helps if you’ve:
    •evidence of your relationship with the child, eg a birth or adoption certificate
    •a divorce or marriage certificate, if you are a single parent but your family name is different from the child’s

    Get permission from a court
    You’ll need to apply to a court for permission to take a child abroad if you haven’t got permission from the other people with parental responsibility.
    You must give details of the trip, eg the date of departure, when and how you’re returning, and contact details of people with parental responsibility staying in the UK.
    You must give more information if you’re taking the child abroad for a longer trip, eg what education the child will get while they’re abroad.

    Comment


    • #3
      Hi
      This was pretty much my understanding of the situation however I do keep getting conflicting advice from
      social work regarding this who advise they have gained this information from their legal department and also the children’s reporter. They advise me that I can take my niece if I have permission from one parent (which I do) and permission from my
      mum as my niece is resident with her. I am very confused and concerned about getting the wrong information and either depriving my niece of this holiday when I can actually take her or getting to the airport and discovering I cannot take her after all. It’s a very complex situation and any further advicenwpuld be greatly
      appreciated. Thanks in advance

      Comment


      • #4
        I should also have said there is a compulsory supervision order in place with condition of residency with her grandparents

        Comment

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