What Parents Need to Know Ahead of Half Term and Summer Holidays
Taking children abroad after separation can raise important legal and practical questions for parents, particularly during school holidays and half-term breaks. Understanding when consent is required and what steps to take if disputes arise can help avoid unnecessary stress and last-minute issues.
As the summer holidays approach, many separated parents begin making travel plans with their children. While a holiday abroad is often something to look forward to, it can raise important legal issues where parents are no longer together. If both parents hold parental responsibility, there are clear legal requirements that must be followed before a child can be taken outside of England and Wales.
Do you need the other parent’s permission?
In most cases, yes. Where both parents have parental responsibility, you must obtain the consent of everyone with parental responsibility before taking a child abroad. Parental responsibility gives each parent equal rights in making important decisions about a child’s upbringing, including international travel. Without consent (or a court order), taking a child abroad is not simply a civil disagreement – it may amount to child abduction, which is a criminal offence under the Child Abduction Act 1984.
Are there any exceptions?
There is one key exception that often applies: If there is a Child Arrangements Order stating that the child “lives with” you, you can usually take the child abroad for up to 28 days without the other parent’s consent. However, even in these circumstances:
- You should still inform the other parent in advance
- The trip must not interfere with the other parent’s time with the child
- Any specific restrictions in the order must be followed, e.g. collection or return of the child’s passport
What does consent look like?
Consent should always be clear and ideally in writing. A simple signed letter is usually sufficient. You may be asked to show this at the airport or border control, so it is important to have it available. It should include the following:
- The child(ren) you are taking abroad, including their date of birth
- Travel dates and destination
- Flight and accommodation details
- Contact information while abroad
The parent consenting to the holiday should confirm their relationship to the child, sign, print their name and date the letter.
What if the other parent refuses permission?
This is a common issue, particularly where communication has broken down. If consent is refused, you must not travel. Instead, you should consider trying to resolve matters first by asking them to confirm what their objection is so that you can try and address any concerns regarding safety, return dates or contact whilst away. You should also consider mediation, where appropriate, to try and reach agreement about the issue.
If agreement cannot be reached, you can apply for a Specific Issue Order, asking the court to determine whether the child can travel. The court’s primary consideration will always be the child’s welfare and so the court will want to be made aware of the following:
- The purpose and duration of the trip, e.g. whether it is to visit relatives who live abroad or a one-in-a-lifetime trip
- Details of the holiday and plans whilst away
- The child’s relationship with both parents
- Whether there is any risk of non-return
- How contact with the parent remaining at home will be facilitated whilst away
In most straightforward holiday cases, the court will often grant permission where the trip is reasonable and well planned, but applications should be made in good time, as it can take courts 3-6 months to resolve such issues.
Many clients attempt mediation but also issue an application to court at the same time, so that if mediation breaks down, the application is already within the court system awaiting a hearing. If agreement is reached in mediation, then a consent order can be submitted to the court for approval.
What if you are worried the other parent will take the child abroad?
If you are concerned that the other parent may remove the child without your consent, you can apply to court for a Prohibited Steps Order to prevent the trip from taking place.
In urgent situations, the court can act quickly to safeguard a child.
Final thoughts
Disagreements about holidays can be stressful, but they are often avoidable with early communication and proper planning. The law is clear: decisions about taking a child abroad must be made jointly, or with the court’s approval.
If you are unsure about your position or facing difficulties in obtaining consent, taking advice at an early stage can help avoid last-minute disputes and ensure that any planned holiday goes ahead smoothly.
Speak to our Family Law team
If you would like advice on child-related matters or other family issues such as:
- divorce
- financial matters
- unmarried property disputes
- cohabitation agreements
- pre or post-nuptial agreements
Please contact the Family Department at [email protected] or on 01625 503444.
