Going on holiday with your children can be a wonderful way to make memories and enjoy time together — especially after the challenges of a separation or divorce. But for separated parents, taking children abroad involves more than booking flights and packing bags. There are important legal requirements and potential pitfalls to be aware of.
Here’s what you need to know before you travel.
1. Do I Need the Other Parent’s Consent?
In most cases, yes.
If both parents have parental responsibility — which is typically the case if both were named on the birth certificate or were married at the time of the child’s birth — you will need the other parent’s consent to take the child abroad.
Even if you have a Child Arrangements Order stating the child lives with you, you can only take them abroad for up to 28 days without consent, unless the order says otherwise. Anything longer requires the other parent’s written agreement or permission from the court.
It is important to note that in either case, the other parent cannot unreasonably withhold their consent
2. What About Passports?
If your child doesn’t already have a passport, you’ll need to apply for one — and this too requires the consent of all individuals with parental responsibility.
To apply for a passport:
- Both parents must sign the application (or provide written consent).
- If there’s a disagreement, you may need to apply to court to resolve it.
If your child already has a passport, make sure it’s valid and that you know where it is — disputes sometimes arise over one parent withholding the passport.
3. Can Legal Restrictions Stop Me from Travelling?
Yes. There are several scenarios in which legal restrictions might apply:
- A Prohibited Steps Order could prevent you from taking your child out of the country.
- A parent might apply for one if they believe travel poses a risk or if there’s concern the child won’t be returned.
- If your child is involved in ongoing court proceedings, international travel may also be restricted.
It’s essential to check whether any court orders are in place that may affect your ability to travel abroad.
4. What If the Other Parent Objects?
If the other parent refuses to give consent, you cannot legally take the child abroad — even for a holiday.
However, you can apply to the Family Court for a Specific Issue Order, asking for permission to travel. The court will consider:
- The purpose and duration of the trip
- The child’s best interests
- Any risk of abduction or harm
It’s wise to plan ahead — court applications can take time, especially during school holidays when demand increases.
5. Tips to Help Things Go Smoothly
- Plan early: Give plenty of notice to the other parent and be clear about your travel plans.
- Provide details: Including dates, accommodation, flight information, and emergency contacts can help reassure the other parent.
- Keep it in writing: Get written consent (a signed letter or email) and take it with you when you travel — some border officials may ask to see it.
- Consider mediation: If you’re facing resistance, a neutral mediator can help both parents reach a solution without going to court.
Taking your children abroad after divorce is possible — and often a positive experience — but it must be done lawfully and with proper consent. At Ash Family Law, we regularly advise separated parents on travel arrangements and can help resolve disputes through negotiation, mediation, or court applications where needed.
If you’re unsure of your legal rights or facing objections from your ex-partner, don’t leave it to the last minute. Get in touch today for clear, compassionate advice tailored to your situation.
Need advice on child travel arrangements?
📧 Email in**@*************co.uk
