Advice Centre

With summer approaching, you may be considering taking your child abroad over the summer holidays. However, the situation is slightly more complicated for separated or divorced parents. As a parent, it is natural that you wish to travel with your children. Perhaps you have relatives overseas, or maybe you just want to get away for a break. Regardless of the reason you want to take your child abroad, you may need to obtain express permission from the child’s other parent. In this article, we look at why you need permission, best practice for getting the authority to take your child abroad, and what to do if the other parent refuses.

Taking a child abroad if you have a court order

If you have a child arrangement order which sets out that the child lives with you, you may take your child abroad for up to 28 days. If the court has ordered that the child live with both parents, the other parent may take the child abroad for up to 28 days. However, in some cases the court may include prohibitions in a child arrangement order, including in relation to holidays. It is important to fully understand the terms of your child arrangement order before taking a child on holiday.

Why do I need permission to take my child on holiday?

We understand that getting permission to take your own child on holiday can seem confusing and even frustrating, but it is important. Anyone with parental responsibility may take the child abroad, but they must have express permission from anyone else with parental responsibility. Failure to get the other parent’s consent could amount to child abduction under the law. This is a very serious offence, which can be avoided by following the right procedures before going on holiday.

Best practice for obtaining permission to take your child on holiday

If you want to take your child on holiday, we suggest approaching the topic with the child’s other parent as early as possible. It is best to hold off on booking a holiday before discussing it with anyone who must give consent, as this could cause additional tension. Communication is important, and you should be prepared to discuss your plans with the other parent as they progress and keep them updated. The other person may expect to know the location, dates, travel arrangements, where you will be staying, who else may be joining you on the holiday, and how you can be contacted in case of an emergency.

Verbal consent is perfectly valid; however, we would always recommend obtaining written consent or documenting the consent in some way. Although you may be confident that there will be no problems, the authorities of most countries are concerned about the risks of child abduction. You could face questions on arrival, or when you leave the UK and having written consent will give you peace of mind.

Written consent should contain the other parent’s contact details and your trip details. You may also wish to bring evidence of your relationship to the child, such as a birth certificate, adoption documentation and if your name has changed since, evidence as to why your name has changed.

What to do if the other parent refuses to grant you permission

If you are unable to get the consent of the other parent to take your child on holiday, it is possible to ask permission from the court. In general, the courts consider holidays with parents to be a positive experience for children, and so long as there is no genuine reason  to believe that the holiday is not in the child’s best interests, the court will generally grant permission.

A common reason that the court may feel that the holiday is not in the child’s best interests is when the child does not typically spend a significant amount of time with the parent. For example, if they have only ever stayed with the parent for one night at a time, a two week holiday would be inconsistent with their existing relationship and may be overwhelming for the child.

Contact IMD Solicitors – International Family Lawyers

At IMD Solicitors, we always recommend that parents try to come to an agreement for  arrangements for their children – including when it comes to taking a child abroad, either for a holiday or permanently. Our experienced UK solicitors can advise you on the best possible solutions for you and your family. Call us today on 0330 107 0107 or complete our enquiry form, and we will get back to you without delay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.