As school holidays begin, the excitement of the season can also bring challenges for co-parenting, especially when it comes to international travel with children. While children look forward to a break, separated parents may face tensions and complications. Understanding your legal rights can help streamline the process and reduce potential conflicts. Here is a guide to what you need to know to ensure a smooth summer holiday experience for both you and your child.

Can I take my child on holiday?

Legally, you cannot take your child abroad without the consent of everyone with Parental Responsibility or a court order. An exception exists if you have a Child Arrangements Order stating the child lives with you; in this case, you can travel without the other parent’s consent for up to 28 days.

Start by determining who holds Parental Responsibility and whose permission you need. It’s often surprising for parents to learn they need their co-parent’s consent. Travelling without the necessary permission is considered child abduction, which is a criminal offence.

Planning and communication are crucial. If you cannot get the needed consent, you might have to seek a Specific Issue Order from the court to legally take your child abroad.

Should I give permission for my child to travel?

Travel can be a wonderful experience for children. Despite difficult relationships, many parents agree to holidays abroad for the benefit of their children. You should weigh the risks and benefits carefully. Gather as much information as possible: travel dates, contact details, addresses, proof of tickets, and arrangements for keeping in touch while they’re away.

What if I do not want my child to travel?

If you’re concerned about your child being taken abroad without your permission, you may need to apply for a Prohibited Steps Order or use the High Court’s Inherent Jurisdiction to prevent travel. This could involve seizing passports or implementing a port alert.

Understanding Child Abduction

The risk of parental child abduction is higher in international families and high-conflict situations. The impact can be severe, with the ‘left behind’ parent uncertain of their child’s location or return.

If you’re worried your child might be taken abroad without your consent, seek legal advice immediately. If your child has already been taken, it is important to act quickly. Many countries, including the UK are signatories to the Hague Convention 1980, which offers a mechanism for the prompt return of wrongfully removed or retained children. For non-signatory countries, securing a child’s return is more challenging, and obtaining specialist legal advice early on is important.

What if I agreed to a holiday but my child has not returned?

‘Wrongful retention’ is where a parent obtains the appropriate consent to travel abroad but keeps the child abroad longer than agreed. While the initial travel was lawful, not returning the child as agreed is not.

If you are the ‘left behind’ parent, the advice is to act without delay and take swift legal action to have your child returned. The sooner a parent takes legal action, the more likely it is that the child will be returned. In any event, a Hague Convention application has to be made within one year of the date of wrongful removal or retention. Think very carefully before agreeing to an extension of the stay, as this can drift from weeks to months to years and can ultimately mean that you are out of time to make certain applications.

Considering Permanent Relocation

Sometimes, a holiday back to your homeland may prompt a desire to relocate permanently with your child. If you can’t reach an agreement with your co-parent, you might need to ask the court for permission to move.

Whether you’re seeking to relocate or prevent it, provide the court with detailed information: the impact on the child’s welfare, and how their relationship with the ‘left behind’ parent will be maintained. This article provides more information about international relocation.

How we can help ?

Whatever your particular circumstances and travel plans for your child, TV Edwards can help you with specialist advice to navigate the legal considerations and risks associated with a child’s international travel.

If you are thinking of relocating abroad with your child or if you are concerned about your child being taken abroad without your consent, contact us on 020 3440 8000 or email family@tvedwards.com

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.