TAKING YOUR CHILD ABROAD AFTER SEPARATION: DO YOU NEED PERMISSION?
With the school summer holidays just around the corner, many separated parents are finalising holiday plans. While booking a family getaway is exciting, travelling abroad with your child after separation can raise important legal questions.
One of the most common questions family solicitors are asked at this time of year is:
“Can I take my child abroad without my ex’s permission?”
The answer depends on your family’s circumstances.
DO I NEED THE OTHER PARENT’S PERMISSION?
In most cases, yes.
If everyone with parental responsibility agrees to the holiday, travelling abroad is usually straightforward. It is sensible to obtain written consent before you travel and to share details such as your destination, travel dates and accommodation.
This can help avoid disputes and may be useful if you are asked to provide evidence of consent by your airline or border officials.
WHAT IF WE HAVE A CHILD ARRANGEMENTS ORDER?
If you have a Child Arrangements Order stating that your child lives with you, you can usually take your child abroad for up to 28 days without needing the other parent’s permission, unless the court order says otherwise.
Even where permission is not legally required, keeping the other parent informed can help maintain a positive co-parenting relationship and avoid unnecessary conflict.
WHAT IF THE OTHER PARENT SAYS NO?
If the other parent refuses permission, do not be tempted to travel anyway.
Taking a child abroad without the necessary consent could have serious legal consequences.
Instead, try to resolve the issue through discussion or mediation. If an agreement cannot be reached, the Family Court can decide whether the holiday should go ahead, with the child’s best interests remaining the court’s priority.
TRAVELLING THIS SUMMER? DON’T FORGET:
- Check whether everyone with parental responsibility has agreed to the trip.
- Make sure your child’s passport is valid.
- Take a copy of any Child Arrangements Order if one is in place.
- Carry written consent where appropriate.
- Share your itinerary and emergency contact details with the other parent.
PLANNING AHEAD CAN SAVE STRESS
Disagreements over summer holidays are common, particularly when parents have shared care arrangements. Discussing travel plans well in advance gives everyone the best chance of reaching an agreement before departure.
If you are unsure whether you need permission to take your child abroad, or you are facing a disagreement over a planned holiday, seeking legal advice early can help avoid unnecessary stress and ensure your plans stay on track.
