Whether you can take your child abroad without the consent of your ex depends on the circumstances…
Following separation, parents can understandably have concerns about taking their children on holiday, their ex partner and permission, particularly where one parent wishes to travel abroad. If you are looking for childcare agreement solicitors, it is often because you need clear, practical advice on what you can and cannot do, and how to record arrangements properly.
A commonly asked question is ‘Do I need permission to take my child on holiday abroad?’.
The answer depends on the circumstances. In England and Wales, it will usually turn on whether there is a Child Arrangements Order in place and whether you (and/or your ex-partner) have parental responsibility. We can advise on where you stand and the best way to seek consent or resolve any dispute.
If you have a Child Arrangements Order which states that the child lives with you, you will be able to take the child abroad for a holiday for a period of less than one month (up to 28 days), unless the Child Arrangements Order provides otherwise. If your ex-partner objects to you travelling, they may apply to the court for a Prohibited Steps Order. If you want to avoid last minute applications, Our Family Law Solicitors can help you set out travel arrangements clearly and in writing.
- the written permission of every person or organisation with parental responsibility for the child (usually the other parent); or
- the permission of the court.
By contrast, if your child does not live with you and you are the contact parent wishing to travel, you must obtain permission from everyone with parental responsibility to take your child abroad for any period of time. In all cases, permission should be in writing and should clearly confirm the travel dates, destination, and that the trip is a short holiday only.
This is important if your child has a different surname to you, as airlines or border officials may ask for additional evidence to confirm your relationship and the other parent’s consent.
Family Law Solicitors can assist with putting appropriate written consent in place.
What if there is no Child Arrangements Order?
If there is no Child Arrangements Order in force, you will need to obtain either:
- the written permission of every person or organisation with parental responsibility for the child; or, if you are unable to obtain this,
- permission should be obtained from the court.
As a matter of courtesy, it is sensible to inform your ex-partner of your travel plans, even if it is not required. This is particularly important where you have recently separated and arrangements are still being agreed. If communication is difficult, we can help you document proposals clearly and reduce the risk of disputes.
- It is sensible to inform everyone with parental responsibility so they know where the child will be and can be reassured about their welfare and safety.
- A failure to obtain consent may result in an application to the court under the Child Abduction Act 1984, alleging that you have removed (or intend to remove) the child from the UK without appropriate permission.
The Child Abduction Act 1984
If you do not obtain the necessary consent to travel abroad, your ex-partner may apply to the court under the Child Abduction Act 1984. Taking advice from childcare agreement solicitors at an early stage can help you understand the risks and the evidence the court is likely to consider.
- that your ex-partner consented to you travelling abroad for a holiday with the child.
- you acted in the belief that your ex-partner has provided consent.
- if your ex-partner was aware of the full circumstances, then they would have provided consent.
- you have taken all possible steps to communicate with your ex-partner but have not been able to do so.
- your ex-partner has refused to consent and that consent was unreasonable.
Once such an application has been made, you will be a party to court proceedings. The proceedings may also impact the terms of any future Child Arrangements Order.
Obtaining permission from the court
The cost of a court order to take a child abroad will depend on the circumstances, but early legal advice can often help resolve matters without the need for a formal application.
If you require the court’s permission to travel abroad with your child, you would usually apply for a Specific Issue Order under section 8 of the Children Act 1989. The court’s paramount consideration is the welfare of the child and it will consider, amongst other things, the welfare checklist at section 1(3) of the Children Act 1989 and Article 8 of the European Convention on Human Rights.
Do I need my ex’s permission to take the children on holiday in the UK?
If you are holidaying within England and Wales, consent is not usually required in the same way as travel abroad. However, problems can arise if you have a court order or agreed contact schedule and your holiday would prevent the other parent spending time with the children as planned.
As with holidays abroad, it is usually best to notify your ex-partner in writing with the dates, location, and contact details, particularly where arrangements are new following separation and communication is difficult. If you need help agreeing or recording arrangements, our Family Law team can assist.
Book your Free Consultation with our Childcare Agreement Solicitors
If you need advice tailored to your circumstances, our childcare agreement solicitors in Bath, Chippenham, Devizes, Marlborough, Royal Wootton Bassett and Swindon offer a free initial consultation (in person or remote). We can explain your options, help you seek written consent, and advise on the steps to take if agreement cannot be reached, including court applications where appropriate.
Email family@awdry.law or call 01225 417111 to arrange your free initial consultation. Our experienced Family Law team can prepare any Child Arrangements Order, proposed travel dates, destination, and copies of relevant messages about consent. We can help you get a plan to protect your position and always focus on your child’s welfare as the priority.
