Taking children abroad post-separation

It is the time of year when we are regularly advising separated parents on the law in relation to foreign travel.

The 'stock answer' we can give as lawyers is: seek consent.  It is informative however to go back to the statute and consider why we revert to this advice.  

There are a number of relevant domestic and European laws relevant to this issue but particularly for this short piece The Children Act 1989 and The Child Abduction Act 1984 are relevant, as well as case law.

Where both parents have Parental Responsibility (as is usual for a married couple and this article will presume that is the situation) and they agree, a child may leave the jurisdiction of the UK.