Holidays abroad after separation

Most parents assume they don’t need their ex's agreement to take their child abroad on holiday. However, the law says that unless you have a court order in place (and most don't), you need the other parent's agreement to take the child overseas.

What do you need to know?

Before travelling, you must either get the permission of everyone with parental responsibility for your child that you can take your child on holiday or you need to get a court order allowing you to take your child abroad.

You automatically have parental responsibility if you’re the child’s mother, but you still need the permission of anyone else with parental responsibility before you can travel. If you don't do this, the worst case scenario is that not only will you be prevented from taking your child on holiday but you may be accused of trying to ‘’kidnap’’ your child which is a serious criminal offence.

A letter from the person (or people) with parental responsibility for your child is usually enough to show you’ve got permission to take them abroad. 

Bear in mind that one parent may not simply choose to withhold consent as there needs to be a justifiable reason why they object. And if you find yourself being asked by your ex to agree to your child going on holiday, remember that you should not withhold your agreement unreasonably.

How we can help

Our specialist children lawyers have years of experience dealing with disputes involving children. We are known for successfully dealing with cases where there is a high degree of parental conflict and where there is an international dimension. Whether it is:

  • pre-empting problems involving holidays and ensuring they are avoided in the first place
  • supporting parents in mediation, helping them to resolve issues themselves about holidays
  • making an urgent application for a court order

Our children lawyers

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Resources

One of the most asked questions parents ask after divorce and separation is if they can take their child abroad on holiday without permission from the other parent.

In this video, Caitlin Jenkins considers the circumstances in which a parent can take a child on holiday abroad (out of the jurisdiction of England & Wales) with and without the permission of the other parent, as well as giving practical advice on what should you do if you're in this situation. 

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Family law vlogger YouTube

On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're facing issues related to holidays abroad. Speak to our team today. 

Holidays abroad FAQs

If you are the only parent with parental responsibility and there are no court orders in place, permission is not needed from your ex. However, we do recommend that you let them know what your plans are to avoid any misunderstandings. 

Contact our team today

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