The school holidays are fast approaching meaning many parents making plans to travel abroad with their children. This can be the one opportunity of the year to spend some extended quality time with each other. The arrangements for travelling abroad with children can be complicated if their parents are separated. 

It is best to try and plan ahead and communicate as much as possible, in an attempt to sort out any difficulties with plenty of time before your trip. 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. It is best if permission is in writing so that you have proof, which you could be asked to provide at the airport or on entering the other country.  

If permission is not given, you may need to apply to obtain a Court Order giving consent for the child to travel abroad. An exception is where you have obtained a Child Arrangements Order saying the children live with you. This allows you to take the child abroad, but for no longer than a month without permission. 

If a Court application is made, the Judge considers any objections raised. The most common is a fear that the children will not be returned home. The Court looks at evidence provided that the children will be returned, such as return tickets. Ultimately, the Judge determines what is in the children’s best interests and whether the children will benefit from the holiday, which in most circumstances of course they will.

If you would like advice about taking your children abroad or you are concerned about your children being taken abroad without your consent, please do get in touch with our international children team on 0203 440 8000 or A_FamilyReferrals@tvedwards.com. We have a team of experienced solicitors who are able to offer specialist legal advice.