Planning on taking your child abroad on holiday outside England or Wales? If you’re a separated parent, there are some important things to consider. Read our expert advice from a family lawyer.

The UK school holidays – whether summer, Easter or Christmas – are a time when many families plan to spend quality time together. However, if parents are separated, arrangements for travelling abroad can become complicated. Here’s what you need to know to keep your family trip legal and drama-free!

Key points:

• If both parents have parental responsibility, you must get the other parent’s consent
• Without your ex’s consent, taking your child abroad may be classed as child abduction
• If consent is disputed, you can apply for a court order to allow or prevent travel
• There’s an exception to the rule if you have a Child Arrangements Order (for 28 days)
• Agree on arrangements early, share full travel details, and keep a written record

Read on to learn more about taking a child abroad, or contact an experienced child law solicitor today.

Do I need the other parent’s permission?

Yes, each person with parental responsibility for the child must consent to the trip before the child travels abroad. Ideally, consent should be in writing to avoid any future disagreements about what was agreed. 

You might also be asked to provide the other parent’s written consent to travel abroad when you leave the UK, or upon arrival in the other country. This can be a particular issue if your child doesn’t share your surname.

If you do take your child abroad without consent of the other parent, this would be classed as child abduction.

What is parental responsibility?

Parental responsibility means you have legal rights and duties relating to your children’s upbringing. These include providing a home for your child or being responsible for their education or medical treatment.

A child’s parents often share parental responsibility, but it may also apply to grandparents or guardians. If you’re the mother or father of a child, you will typically need to get the permission of the other parent first.

Many people do not realise that you need the permission of each person with parental responsibility for the children to take them abroad. In most circumstances, this is the other parent.

What if I have a Child Arrangements Order?

If you have a child arrangements order in place confirming that your child lives with you, you can take your child outside the jurisdiction (England and Wales), for up to 28 days without the other parent’s consent. 

However, you should inform the other parent of your intention to travel and still obtain their consent. It is a good idea to provide the following information to the other parent before travelling, to lessen any concerns:

• Your departure and return dates
• Your flight/travel information
• Details of where your child will be staying for the duration of the trip

Up-to-date contact details for you and the child

What if the other parent refuses to give consent?

If you ask for consent to travel from the other parent, but this is unreasonably withheld, then you may need to make an application to court to take your child abroad. You will need a Specific Issue Order from the court.

If the matter comes before the court, the Judge will consider any objections raised to the child travelling abroad. This will include considering the reasons for the holiday and the proposed destination. 

The Judge will also consider any fear that the child may not be returned and evidence such as return tickets may have to be provided. Ultimately, the Judge determines what is in the child’s best interests and whether the child will benefit from the holiday, which in most circumstances of course they will.

Travelling abroad can be an exciting and enriching experience for a child. Even in the most acrimonious relationships, many parents will not stand in the way of their child having a nice holiday.

I’m worried my child could be abducted

If you are concerned your child could be taken abroad and not returned home, you can ask the court for a Prohibited Steps Order. This is an order that says the child must not be taken outside England and Wales.

If the judge decides that there is a real risk that the child will not be returned home, then he or she can make a prohibited steps order preventing travel abroad. It is much better to have a prohibited steps order before a child travels, rather than have to go to court to try to make the other parent return the child home.

In some circumstances, this may also involve orders using the High Court’s Inherent Jurisdiction to stop travel. For example, asking the Court to exercise its powers to seize passports and implement a port alert. 

The risks of parental child abduction are particularly high for international families with connections abroad and those in high conflict disputes. The consequences of child abduction can be devastating, with the ‘left behind’ parent not knowing where in the world their child is and when they will see them again.

If you have any concerns about your child being taken abroad without your permission, you should act upon those concerns by seeking legal advice.  

What if my child has already been taken abroad?

If your child has already been taken abroad, you need to act fast. Many countries, including the UK, are signatories of The Hague Convention 1980. This is an international treaty which provides a legal mechanism for the prompt return of the child who has been wrongfully removed or retained. 

This can however still mean a court case over international waters, which is never easy. For non-Hague Convention countries, a child’s return can be much more difficult.

What if I gave permission, but they’re staying longer than agreed?

A parent may have given permission for their child to travel abroad. Their return date can however be delayed by the other parent – whilst the initial travel was lawful, the failure to return the child as agreed is unlawful and is a ‘wrongful retention’.

If you are the ‘left behind’ parent, key advice is to act without delay to take urgent legal action to have your child returned. The sooner a parent takes legal action, the more likely the child will be returned.

A Hague Convention application has to be made within one year of the date of wrongful removal or retention. 

“Do not fall into the trap of agreeing an extended stay, which can drift from weeks to months to years and can ultimately mean a parent is out of time to make certain applications.” – Sarah Inchley

What if I want to take my child abroad permanently?

A holiday to your native homeland can trigger a decision that you wish to relocate permanently with your child.

If you cannot negotiate or mediate an agreement with your ex, you may have to ask the Court for leave to remove your child.

Whether you are the parent seeking to relocate or a parent seeking to keep your child in the UK, to maximize your chances of success, you should set out as much information as possible to the Court: 

• What are the implications to the child’s welfare of the proposed move? 
• What is the impact on the child’s relationship with the ‘left behind’ parent?
• How can this be maintained?

Talk to our specialist family law solicitors

Should you need advice on travelling abroad with your child or have concerns about your children being taken abroad without your consent, we have a large expert team of lawyers who would be happy to assist.

We can be contacted on 0203 440 8000 or by email: family@tvedwards.com