Do I need the other parent's permission to take my child abroad?

With school summer holidays upon us, many parents are finalising plans for an overseas trip with their children. For separated parents, though, booking a holiday abroad isn’t always straightforward. Before you confirm any travel, it’s worth understanding what the law requires and how to avoid problems at the border, at school or, in the worst case, in court.

This article sets out the legal position in England and Wales for separated parents who want to take a child abroad and explains what to do if the other parent won’t agree.

Who needs to give consent for a holiday abroad?

Before any holiday abroad can go ahead, you generally need either:

• The consent of everyone who has parental responsibility for the child, or
• An order from the court confirming that the holiday can proceed or giving you permission to travel without the other parent’s consent.

Parental responsibility is defined in the Children Act 1989 as all the rights, duties, powers, responsibilities and authority that a parent has in relation to a child and their property (Children Act 1989, s.3). The following people usually hold parental responsibility:

• Mothers have parental responsibility automatically from birth.
• Fathers have parental responsibility if they were married to the mother when the child was born, or are named on the birth certificate.
• Others, such as step-parents or grandparents, can acquire parental responsibility through a parental responsibility agreement or a court order.

If you’re unsure whether you or the other parent holds parental responsibility, or whether an existing order affects your position, it’s worth checking with a solicitor before you make any firm travel plans.

Why consent matters: the risk of child abduction

Taking a child out of the UK without the appropriate consent, and without an exception applying, can amount to the criminal offence of child abduction under the Child Abduction Act 1984. Beyond the criminal risk, travelling without proper consent can also mean being refused entry at the border, and it may count against you in any future dispute about arrangements for your child.

Consent is required even where the child is travelling without either parent, such as on a school trip abroad.

Passports: who holds them and who can apply

A child’s passport is generally treated as belonging to the child, rather than to either parent, and there’s no fixed rule on which parent should keep it. It’s best to agree this in advance of any trip. When applying for a child’s passport, HM Passport Office requires the application to be made by someone with parental responsibility, and you’ll need to provide both parents’ details on the application. If the other parent objects to the application, this can delay or prevent the passport being issued, so it’s worth resolving passport arrangements well before you need to travel.

How to seek the other parent’s consent

Where possible, ask for consent in writing as early as you can. Different countries have different entry requirements and documentation for children travelling with one parent, so it’s sensible to check these well in advance and, ideally, with the help of a solicitor.

When writing to the other parent, it helps to include:

• The proposed dates and a full itinerary
• Accommodation details and contact information while abroad
• An explanation of why the trip benefits the child, such as spending time with family, experiencing a new culture, or supporting an existing interest or hobby.

If the other parent doesn’t agree

If the other parent won’t consent, consider whether mediation, or a solicitor writing on your behalf, might help resolve matters. These routes are often quicker and less stressful than going to court.

If those options don’t work, or aren’t appropriate in your circumstances, you may need to apply to the court for a specific issue order permitting the holiday to go ahead. This falls within our child arrangements work. Before making a court application for a children’s order, you’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as evidence of domestic abuse or genuine urgency. A solicitor can help you explore your options and put your position clearly to the other parent and, if necessary, the court.

How the court decides these applications

If an application to the court is needed, the child’s welfare is the court’s paramount consideration. The court will typically look at:

• The child’s ascertainable wishes and feelings
• Each parent’s capacity to meet the child’s needs
• Whether similar holidays have taken place before
• The length of the proposed trip
• The existing arrangements for the child, and whether the holiday would disrupt them
• Any risk that the travelling parent might not return the child as agreed.

Courts generally support a holiday going ahead where full information is provided, appropriate assurances about the child’s return are given, and the trip won’t disrupt the child’s education or routine.

School consent and the risk of a fine

If the proposed trip involves missing school, you’ll also need the school’s authorisation. Head teachers may only authorise term-time absence in exceptional circumstances, and unauthorised absence can result in a fixed penalty notice. In England, this is currently £80 per parent, per child, if paid within 21 days, rising to £160 if paid within 28 days, with prosecution a possibility for repeated unauthorised absences (gov.uk: legal action to enforce school attendance). It’s worth speaking to your child’s school as early as possible if term-time travel is unavoidable.

Speak to our family law team

If you’re planning a holiday abroad with your child and the other parent isn’t agreeing, or you’re considering objecting to a proposed trip, our experienced family law team can provide clear, practical advice tailored to your circumstances.

Contact us today to speak with one of our family law experts to understand your options and take the next steps with confidence.