Estimated read time: 6 minutes
Summary
- If both parents have parental responsibility, you usually need the other parent’s consent before taking your child abroad.
- A Child Arrangements Order (CAO) with a “Lives With” clause often allows you to take your child abroad for up to 28 days without the other parent’s consent.
- If your ex refuses consent, you must apply for a Specific Issue Order before travelling.
- Taking a child abroad without the required consent or court order can amount to child abduction.
- If you’re concerned your ex might travel unlawfully with your child, you can apply for a Prohibited Steps Order or a Port Alert.
Planning a summer holiday abroad with your child should be a joyful experience. But if you’re separated from your ex and they refuse to give consent, that excitement can quickly turn into stress, uncertainty, and frustration.
In England and Wales, taking a child abroad after a separation isn’t always straightforward. You need to know your legal rights and check whether you need the other parent’s permission.
What is Parental Responsibility?
Parental responsibility (PR) is the lawful right to make important decisions about a child’s life. This includes decisions about where the child lives, their education, medical treatment, religion, and when and where they can travel overseas.
In England and Wales:
- A child’s mother automatically has parental responsibility.
- Fathers usually have PR if they were married to the mother when the child was born or are named on the birth certificate (after 1 December 2003 in England and Wales).
If both parents have PR, you cannot take the child abroad without the other parent’s consent, unless a court order gives you that right.
What is a “Lives With” Order?
A Child Arrangements Order (CAO) can clarify who the child lives with and who they spend time with. If you are the resident parent under a “Lives With” order, the law generally allows you to take your child abroad for up to 28 days without needing the other parent’s consent.
However, this permission:
- Only applies if your CAO includes a “Lives With” clause.
- Does not apply if the order explicitly restricts international travel.
For longer holidays, or if no such order exists, you will need written consent from anyone with parental responsibility.
What If My Ex Refuses to Consent to let me take our Child Abroad for a Holiday?
If your ex refuses to let you take your child abroad, you cannot go ahead without permission from the Family Court. Attempting to travel without consent or a valid court order may be treated as child abduction, even if you are the primary caregiver.
You can apply for a Specific Issue Order, which allows the court to decide whether your child can go on holiday with you.
Factors the court will consider include:
- The purpose and length of the trip.
- Whether it’s in the child’s best interests.
- How the trip will affect contact with the other parent.
What is the Process of Applying to the Court?
If consent isn’t granted, a Specific Issue Order can give you permission to take your child abroad.
To apply, you’ll need to:
- Complete and file the relevant C100 form.
- Include details about the proposed trip, such as dates, destination, accommodation, and travel plans.
- Explain how the child will maintain contact with the other parent.
The court’s priority is always the child’s welfare. If your plans are reasonable and the trip is clearly beneficial to the child, the court is highly likely to give its approval.
How can I Avoid a Dispute with my Ex regarding a Holiday Abroad with our Children?
Even if you’re confident your ex will agree, it’s best to:
- Provide plenty of notice and clear written details about the holiday.
- Communicate in writing, so there’s a record of any consent.
- Check whether you have a “Lives With” Order, and what it says about travel.
- Carry a copy of the written consent or court order when travelling.
- Be mindful if your child has a different surname, which may raise questions at border control.
If you’re facing last-minute objections or threats to block the trip, seek legal advice immediately.
When the Shoe Is on the Other Foot: Preventing Unlawful Removal
If you believe your ex may try to take your child abroad without consent, you can apply to court for a Prohibited Steps Order. This legally prevents certain actions, such as removing a child from the UK.
In urgent situations, you may also request a Port Alert via the police to prevent the child from being taken out of the country.
Wrapping up
Taking your child on an overseas holiday after separation from the other parent is definitely possible. Whether or not you need your ex’s permission depends on parental responsibility, any existing Child Arrangements Orders, and the length of your trip.
Always plan ahead, understand your rights, and if necessary, seek a court order well in advance. This ensures your summer holiday is stress free and enjoyable.
FAQs
Can I take my child abroad if my ex says no?
Not without their consent, unless you have a “Lives With” Order or a court order permitting the trip. Travelling without consent may be considered child abduction.
Do I need my ex’s consent if I have a “Lives With” Order?
You may take your child abroad for up to 28 days without consent, unless the order says otherwise. For longer trips, consent or a court order is required.
How do I get court permission to travel with my child?
Apply for a Specific Issue Order through the Family Court. You’ll need to provide full travel details and show that the trip is in the child’s best interests.
What can I do if I think my ex might take our child abroad without telling me?
Apply for a Prohibited Steps Order and contact the police to request a Port Alert if the risk is urgent.
What documents should I carry when travelling with my child?
Carry written consent from the other parent or a court order, a copy of your Child Arrangements Order, and documents explaining any surname differences.
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