Family lawyer Katie Lowe explains the consent rules, paperwork and common mistakes separated parents should know before taking a child overseas.
Summer holidays can be a source of excitement, but for separated parents, travelling abroad with a child can also raise difficult questions around consent, paperwork and legal responsibility.
While many parents assume they can take their child overseas for a short holiday, the law is not always that simple. In this expert Q&A, Katie Lowe, Partner in Family Law at JMW, explains what separated parents need to know before travelling abroad, how to avoid last-minute problems, and what to do if consent is refused.
Many separated parents assume they automatically have the right to take their child abroad. Do they need the other parent’s permission?
Yes. The law is clear that a parent must have the consent of everyone with parental responsibility before taking a child out of the jurisdiction, even temporarily for a short holiday.
The child’s birth mother automatically has parental responsibility. The other parent may also have parental responsibility if they were married to the mother when the child was born, are named on the birth certificate, or have parental responsibility through a court order.
The main exception is where a parent has a child arrangements order stating that the child “lives with” them. In that case, they can usually take the child abroad for up to 28 days without separate consent.
In practice, however, it is still best to seek the other parent’s agreement, particularly if the holiday affects existing care arrangements or the time the child would normally spend with either parent.
Does it matter whether the parents were married, divorced, or never married?
No. The key issue is parental responsibility, not relationship status. If both parents have parental responsibility, permission is required regardless of whether they were married, divorced, or never married.
Can a parent ever take a child abroad without the other parent’s consent?
Only in limited circumstances. The main example is where the travelling parent has a “lives with” child arrangements order, which allows them to take the child abroad for up to 28 days.
What happens if one parent refuses permission for a holiday abroad?
The parent who wants to travel can apply to the court for a Specific Issue Order. If granted, this can authorise the trip and override the need for the other parent’s consent.
The order will usually relate to a specific holiday, destination, and set of travel dates. The court will need to be satisfied that the trip is in the child’s best interests.
What factors will the court consider?
The court’s focus will always be the child’s welfare. The parent seeking permission will need to explain why the holiday is in the child’s best interests. The parent objecting will need to explain why they believe it is not.
The decision will depend on the facts of the case. Relevant factors may include the destination, whether there are safety concerns, whether there is any risk the child may not be returned, and what legal safeguards exist in that country.
The court will also look at the length of the proposed trip and the impact on the child’s relationship with the other parent. A one or two-week holiday is likely to be viewed differently from a four or five-week trip.
Timing matters too. A holiday during school holidays will generally be easier to justify than one that takes a child out of school during term time, unless there is a strong reason.
What are the legal consequences of taking a child abroad without consent?
Taking a child abroad without the required consent can amount to child abduction, which is a criminal offence.
If there is any difficulty securing consent, a parent should not travel anyway. They should seek legal advice as early as possible.
Can parents be stopped at the airport?
Yes. Parents can be stopped at the airport, particularly if they are travelling alone with a child or if the child has a different surname.
Parents should carry documents showing their parental responsibility, such as a birth certificate or court order. They should also have the other parent’s written consent available in case they are asked to show it.
What is the biggest misconception separated parents have?
Many parents are surprised that consent is needed at all. There is a common assumption that having parental responsibility gives a parent an automatic right to take their child abroad. That is not the case.
Even for a short, routine holiday to a familiar destination, consent may still be required.
What is your top advice for separated parents planning a holiday this summer?
Sort the arrangements early and get consent in writing well before the travel date.
Leaving it until the last minute can create significant stress. Parents may find, only days before a long-awaited holiday, that the other parent is refusing consent and that they may need to apply to court before they can travel.
Planning ahead makes all the difference
Travelling abroad with your child after separation doesn’t have to be stressful, but it does require planning ahead. Understanding who needs to give consent, having the right paperwork in place, and discussing travel plans as early as possible can help avoid unnecessary conflict and last-minute disappointment.
If you’re unsure about your legal position or you’re unable to reach an agreement with your child’s other parent, seek legal advice as early as you can. Taking action early gives you the best chance of resolving any issues before your holiday and helps keep the focus where it belongs – on your child’s wellbeing and enjoying time together.
