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This article was published on August 28th, 2026
With the start of the new school year approaching, parents across England face stricter enforcement of school attendance from 1 September 2026. For separated parents, however, planning a holiday involves more than checking the school calendar. Where a child is taken out of school during term time, both parents could potentially face a penalty notice and if the proposed holiday is abroad, there may also be important family law considerations about parental responsibility, consent and existing child arrangements.
So, what should separated parents think about before booking the next family holiday?
Parents have a legal responsibility to make sure that children of compulsory school age attend school regularly. A family holiday taken during term time will normally be treated as an unauthorised absence unless the school has granted leave because of exceptional circumstances.
The national attendance framework introduced a consistent threshold for considering penalty notices. Where a child has been recorded as absent for 10 sessions, usually equivalent to five school days (as there are two sessions per school day), within a rolling period of 10 school weeks, the threshold is met. The absences do not necessarily have to be consecutive.
Importantly, the threshold can be made up of different types of unauthorised absence. It is therefore not simply a question of taking a five-day holiday. Other unauthorised absences or certain instances of arriving after the register has closed can contribute to the total.
Manchester City Council for example also retains discretion to consider a penalty notice before the national threshold is reached in certain circumstances, including where parents appear to be deliberately avoiding the threshold by taking repeated shorter periods of term-time leave.
For a first penalty notice, the amount is £160 per parent, per child, but this is reduced to £80 if paid within 21 days. A second penalty notice for the same child and parent within the relevant three-year period is £160, with no discounted rate.
The phrase “per parent, per child” is particularly important for separated families. A penalty notice is not necessarily one fine for the family as a whole. Manchester’s Code of Conduct states that where parents live separately, consideration will be given to whether it is appropriate to issue a penalty notice to each parent, with each case assessed individually.
There is also a limit of two penalty notices per child, per parent within a rolling three-year period. If a third or subsequent offence occurs within that period, another penalty notice cannot be issued to that parent for that child and the local authority may consider other legal action, including prosecution.
Do not assume that a holiday is simply a matter between the parent who books it and the school. If the child’s absence is unauthorised, the financial consequences may extend to each parent separately.
This is where school attendance law and family law overlap. A parent may have school permission for the absence but still need the other parent’s agreement, or the court’s permission to take the child abroad.
Before booking an overseas trip, check who has parental responsibility for the child and whether there is a Child Arrangements Order, Prohibited Steps Order, Specific Issue Order or any other order affecting travel.
If more than one person has parental responsibility, the starting point is that agreement should be obtained before taking the child abroad. Taking a child out of the UK without the necessary consent or court permission can amount to child abduction.
There is an important exception where a Child Arrangements Order is in force and names a person as the person with whom the child is to live. Section 13 of the Children Act 1989 permits that person to remove the child from the UK for a period of less than one month without the consent of everyone else with parental responsibility, unless the order says otherwise.
However, the practical position can still be more complicated where the proposed trip conflicts with the arrangements set out in the order, so legal advice should be taken where there is any uncertainty.
Even if a parent is otherwise entitled to take a child abroad, the proposed holiday may interfere with the other parent’s court-ordered or agreed time with the child.
This is particularly relevant where parents have a detailed holiday schedule or a Child Arrangements Order setting out when the child is to spend time with each parent. A parent should not simply assume that a booking overrides those arrangements.
The best approach is to raise the proposed holiday as early as possible, provide the full details and try to agree any changes to the child’s time with the other parent before making non-refundable bookings.
A disagreement does not necessarily mean that the holiday cannot go ahead, but it should not be ignored. Depending on the circumstances, parents may be able to resolve the issue through direct discussion, mediation or solicitor correspondence.
If agreement cannot be reached, a parent seeking permission for a particular overseas trip may need to make an application to the family court for a Specific Issue Order. Where there is a genuine and immediate risk that a child may be taken abroad without consent, the parent with concerns may need urgent legal advice about appropriate protective orders, including a Prohibited Steps Order.
The court’s focus will be the child’s welfare and best interests. It will consider the circumstances of the proposed trip, the child’s relationship with each parent, the impact on existing arrangements and any concerns raised about the proposed travel.
One of the most important points for separated parents is that there are two different permissions to think about.
Obtaining one does not automatically provide the other. A parent who has secured leave of absence from school may still be in breach of a Child Arrangements Order by removing the child during the other parent’s allocated time. Equally, having the other parent’s agreement to an overseas trip does not mean the school must authorise term-time absence.
For many families, holidays are an important opportunity to create memories, spend time with wider family or simply have a break from everyday life. Separation does not have to prevent children from enjoying those experiences.
However, the combination of stricter attendance enforcement and potentially complicated child arrangements means that holiday planning should start well before the suitcase is packed. Parents should consider both the school attendance position and their family law position, rather than treating them as separate issues.
If you are separated and planning to take your child abroad, particularly if the trip falls during term time, overlaps with the other parent’s time or the other parent is not agreeing to the proposed arrangements, taking advice early can help avoid a costly dispute and, importantly, avoid putting the child in the middle of an adult disagreement.
If you need advice about taking a child abroad, holiday arrangements after separation, parental responsibility or a disagreement about term-time travel, our family law team can advise you on your individual circumstances and on other family issues such as:
Please contact the Family Department at [email protected] or on 01625 503444.
Article written by Linzi Perriman – Family Solicitor at Thorneycroft Solicitors
