If you are separated from your child’s other parent and are planning a trip abroad, it is important to understand the legal position before you book or travel. The rules can differ depending on whether there is a Child Arrangements Order in place, who has parental responsibility, and whether the other parent agrees to the trip. This guide explains the key points in a straightforward way so that you can make informed decisions and avoid unnecessary disputes.
If a Child Arrangements Order is in place
The first step is to check the wording of the order carefully. If the order says that the child lives with you, you can usually take the child abroad for up to 28 days without the other parent’s consent, unless there is a restriction in the order or a separate Prohibited Steps Order in place. If the trip will last longer than 28 days, or the order does not say that the child lives with you, you will usually need the written consent of everyone with parental responsibility or permission from the court.
It is also important to think beyond the wording of the order. The proposed trip should not affect the other parent’s court ordered time with the child. If it does, it is wise to raise the issue early and try to agree alternative agreed arrangements. Open communication can help avoid urgent court applications shortly before departure.
If there is no Child Arrangements Order
If there is no Child Arrangements Order in place, the starting point is that you should obtain the consent of everyone with parental responsibility before taking the child abroad. In many cases, this will mean obtaining the other parent’s written agreement before you travel. A signed letter is often used in practice and should include the travel dates, destination, accommodation details, return arrangements, and contact information.
If consent is refused or cannot be obtained, you should not simply travel anyway. In those circumstances, you may need to apply to the Family Court for permission. The court will focus on the child’s welfare and look at matters such as the purpose of the trip, the destination, the length of the holiday, the travel arrangements, the proposals for return, and the impact on the child’s relationship with the other parent.
If you remove a child from England and Wales without the required consent or a court order, this can amount to child abduction.
What you should do
- Check whether there is a Child Arrangements Order or any other court-order affecting travel.
- Confirm who has parental responsibility and whether their consent is required.
- Ask for consent in writing and keep a copy with your travel documents.
- Share clear details of the trip, including dates, flights, accommodation, and emergency contact information.
- Carry supporting documents, such as the child’s passport, a copy of the consent letter, and evidence of your relationship to the child if needed.
- Allow enough time to obtain advice or make a court application if agreement cannot be reached.
What you should not do
- Do not assume that being a parent automatically gives you the right to take a child abroad without checking the legal position.
- Do not ignore an existing court order or any restriction on travel.
- Do not leave discussions until the last minute, especially if the other parent is likely to object.
- Do not travel without the proper consent or court permission if it is required.
- Do not withhold important travel information if the other parent has parental responsibility.
- Do not assume that a border official or airline will accept informal arrangements if documents are requested.
When to seek legal advice
You should seek legal advice as soon as possible if the other parent refuses permission, if there is disagreement about who has parental responsibility, if there is an existing court order that may affect travel, if the trip is for more than 28 days, or if you are concerned that the child may not be returned to England and Wales. Early advice is also important if travel is planned to a country where returning the child could be more complex in the event of a dispute. Getting advice early can help you understand your options, reduce urgency, and protect your child’s welfare.
Every family’s circumstances are different, and the right approach will depend on the facts of your case and any orders already in place.
This article is intended as general information only and should not be treated as legal advice. If you are unsure whether you can take your child abroad, or you need urgent help resolving a dispute, obtaining tailored family law advice is the safest next step.
To speak to a member of our family law team get in touch online.
