As Summer approaches and thoughts turn to holidays abroad, separated and divorced parents may find that what should be a relaxing break can quickly turn into a legal minefield.
One of the most common and often misunderstood areas of family law involves taking children overseas when parents are no longer together.
Whether you are planning a week away in Spain, a day trip to Calais or visiting relatives overseas, it is crucial to understand the legal requirements and risks before you book that flight.
Why permission to travel is more than just being polite
Many separated parents are surprised to learn that taking a child abroad without the other parent’s permission can be considered child abduction. Yes, even if your trip is just over the channel and even if you are the main caregiver.
Under English law, any parent with parental responsibility must agree before a child is taken out of the UK. That applies whether you are travelling during the school holidays or not, and even if you are used to making day-to-day decisions about your child.
If a Child Arrangements Order is in place confirming that the child lives with you, you may take the child abroad for up to 28 days but only if there are no restrictions in the court order to prevent this. That said, it is good parenting to notify the other parent of the holiday well in advance.
If no such order exists, or if both parents have parental responsibility, written consent from the other parent is essential as some immigration authorities will request this to be produced at the airport.
What you should prepare to avoid an airport drama
To avoid last-minute panics, delays at border control, or worse, it is sensible to carry the following:
- A signed letter of consent to travel from the other parent, ideally witnessed by a solicitor.
- A copy of the child’s birth certificate, especially if your surname is different from your child’s.
- Details of your travel itinerary, accommodation, and return flight information.
Some countries (including South Africa, Canada and the United States) have strict entry requirements for children travelling with one parent or someone who is not a legal guardian. In some cases, you’ll need a notarised consent form or even a court order. Always check entry requirements in advance. At Brisbane airport last month, there were several notices alerting airport users that if they are travelling with a child with a different surname, this will be questioned at the immigration desk.
Communication is key
From a parenting perspective, giving the other parent as much notice as possible of your holiday plans is not just courteous it is legally prudent. Discussing holiday dates early helps avoid misunderstandings and gives both parents the chance to plan contact over the break. Parents should also agree that time “missed” with one parent will be made up before or after the holiday.
- Confirm holiday details in writing.
- Share flight and accommodation information.
- Propose arrangements for the child to keep in touch with the other parent while away – a simple daily message or short video call can make all the difference.
When consent cannot be agreed
If the other parent refuses to give permission for the trip abroad, your only option will be to apply to the Family Court for a Specific Issue Order.
It is important to do this well in advance of your proposed holiday as courts are very busy. When you arrive at court, the judge will expect to see that you have also tried other ways to resolve the issue first, such as mediation.
The court will always prioritise the child’s best interests and judges recognise that foreign holidays are usually a positive experience for children especially if it involves time with extended family or connection to their cultural heritage. Judges will also consider practical details such as the dates for the holiday, the child’s safety and how contact with the other parent will be maintained.
The risk of getting it wrong
Taking a child abroad without the other parent’s consent, or without a court order, can lead to the following serious consequences:
- Child abduction proceedings, including international police and airport alerts.
- Criminal charges under the Child Abduction Act 1984.
- Serious damage to your future co-parenting relationship and credibility before the court.
As I often tell clients: even if you think you’re “doing the right thing”, the law might not agree. It’s far better to seek advice first than to try to fix a preventable mistake later.
How We Can Help
At Stephens Scown, our international family law team has extensive experience in advising parents on holiday and travel arrangements for children – including urgent cases where travel is already booked or what to do if your child has already left the country for a holiday with the other parent.
We can help with:
- Preparing consent letters and documentation
- Negotiating with the other parent or their solicitor
- Applying for court orders when consent cannot be reached
- Advising on travel to non-Hague Convention and Hague Convention countries or those with specific entry requirements.
With careful planning and the right advice, most holiday arrangements can be agreed without going to court. But if legal action is needed, we can guide you through every step.
Ann Thomas is a specialist family law solicitor and consultant at Stephens Scown LLP. She has extensive expertise in international children’s matters and cross-border family disputes. She is the author of the chapter on child relocation in the leading textbook ‘The International Family Law Practice’ (Lexis Nexis) alongside editor and primary author David Hodson and has appeared in leading publications on international children law.