Are you travelling alone with your child in the near future? A recent case highlights the importance of checking the rules before you travel.
A recent child abduction case decision has been published by the Court of Session, highlighting the importance of checking in advance about the rules of taking your child into another country. The case: – KS v MG  CSOH 26, published in February 2017, comes with a useful reminder to all parents. Here a respondent mother was successful in defending the father’s petition to have their son returned to Poland. This was on the basis that the Polish Courts had awarded her custody of the child in the knowledge she was going to reside with him in Scotland. Accordingly, there had been no breach of the father’s custody rights in terms of the relevant 1980 Hague Convention as the mother had taken the child to Scotland with the consent of the court. Whilst thankfully, these cases remain comparatively rare, countries who are Signatories to the 1980 Hague Convention take the risk of Child Abduction very seriously. Accordingly, whether you are separated from the other parent of your child or not, if you intend to travel alone with your child to a country out-with the UK, you must check in advance of any requirements of the country to which you are travelling. It may be that you will require to carry with you a signed Affidavit by anyone else holding parental rights and responsibilities in relation to the child confirming that you have their consent to take the child out with the UK. This is usually the other parent but there can be others depending on your particular case.
If you would like further information on this or a similar matter, please contact Family Law Specialist, Morven Douglas to find out more.
Call: 0141 332 5666