The first hurdle to cross before taking any child abroad on holiday is getting a passport. For lone parents this can sometimes be a problem.
When only one parent is a guardian, the permission of the other parent is not required. But the signature of both parents is needed for a passport if they are both guardians of the child.
If parents are arguing about other issues, this signature may become a bargaining tool. A joint guardian can apply to the District Court for a court order which will allow the Passport Office to issue the passport without the consent of the other guardian.
Once a child has a passport, a joint guardian will still always need the other guardian’s consent to take his/her child out of the Republic.
The director general of FLAC (Free Legal Advice Centres), Noeline Blackwell, says: “Consent in writing is normally recommended, so that there is no misunderstanding about the terms of the consent.
“If the other joint guardian will not consent to the children being taken out of the jurisdiction, then the parent who wants to remove the child may apply to the District Court to have the refusing guardian’s consent dispensed with.”
She points out that conditions in relation to travel with children may be set out in existing court orders or in a separation agreement or deed between the parents.
The first thing that anyone should do is check any existing District Court Orders relating to guardianship, custody or access, or any Court Decrees of Judicial Separation or Divorce, as well as any existing agreements between the parents of the child.
“If there is any doubt about whether or not the child has consent of all necessary parties to travel, a person should consult a solicitor,” Blackwell stresses. “If a person takes a child from the Republic of Ireland without the correct permission, they may be accused of child abduction.”
If a child was to need medical treatment abroad, the consent of both guardians is normally needed.
“However,” she adds, “if emergency treatment is required to protect the child’s health, then the parent with the child should do what is needed to protect the child’s health first and notify the other guardian at the earliest opportunity.”
Flac provides information and referrals on 1890 350 250; see also www.flac.ie