Taking your child abroad: What separated parents need to know

Abigail Jones, Associate in our Family Law team, looks at what you should consider when taking your child abroad and explains the importance of obtaining consent from everyone with parental responsibility.

Whether it’s a summer break, Christmas, Easter or half-term getaway, many parents look forward to taking their children on holiday abroad. For separated families, travel arrangements aren’t always straightforward – particularly when one parent doesn’t agree to the trip.

Whether this is your first holiday following a separation or divorce, or you’re currently facing difficulties with an ex-partner, our family solicitors have outlined what you need to know before taking your child overseas.

Can I take my child abroad?

Yes, provided you have the agreement of everyone who has parental responsibility for your child. Typically, this includes both parents or legal guardians, unless a court order says otherwise.

What is parental responsibility?

Parental responsibility (PR) is a legal term that refers to the rights, duties and responsibilities a person has in relation to a child. It covers everyday decision making as well as more significant matters such as medical treatment, schooling, religious upbringing, and travelling abroad.

Mothers automatically have parental responsibility. Fathers have it if:

• They were married to the child’s mother at the time of birth, or
• They’re named on the child’s birth certificate (for births registered in or after December 2003 in England and Wales), or
• They’ve acquired parental responsibility through a formal agreement or court order.

What kind of agreement is needed to take children abroad?

If you want to take your child abroad, it’s important to discuss your plans with the other parent or anyone else with parental responsibility. This conversation should include:

• The travel dates and destination.
• Flight times and travel arrangements.
• Where you’ll be staying.
• How the other parent can stay in contact with the child.

It is often helpful to agree regular video calls or updates while you’re away to help maintain contact and reassure both the child and the parent staying behind.

When you have agreement, it is sensible to obtain a written note or an email from any other persons who have parental responsibility.

What if the other parent refuses to give their consent to the holiday?

If consent is refused, the first step is to try and consider alternative ways of reaching an agreement, either through direct discussion or with the support of a solicitor. A family solicitor can provide further advice on the matter and undertake some negotiations for you in the hope that an agreement can be reached.

If this isn’t successful, mediation can be a constructive next step.

If that still doesn’t lead to an agreement, you can apply to the court for permission to take the child abroad by making a Specific Issue Order.

When making such an application it is important to complete as much information as possible about plans, efforts that have been undertaken in order to reach agreements with the other parent and why you feel that this trip would be in the child’s best interests.

How can I stop my ex-partner taking my child abroad?

If you’re concerned that your ex-partner may take your child abroad without your consent, and you share parental responsibility, you have the right to object. You can first try to raise your concerns directly or with the help of a family solicitor. If there is an immediate risk that the child may be taken out of the country without your permission, you can apply to the court for a Prohibited Steps Order. This type of order prevents the other parent from taking specific actions, such as travelling abroad with the child, without the court’s permission.

If you believe your child is at risk of being unlawfully removed from the UK, it is important to seek legal advice urgently. In certain situations, the court can act quickly to restrict travel or involve the authorities if necessary.

How can our family solicitors help?

Our dedicated family solicitors regularly advise parents on all aspects of children matters, including taking children on holiday and international travel. If you are struggling to reach an agreement with your ex-partner, or you’re concerned about your child being taken abroad without your consent, we’re here to help.