- within Technology and Corporate/Commercial Law topic(s)
As the summer holidays approach, many separated parents begin making plans for family holidays. Whilst these arrangements are often agreed without difficulty, disputes can arise when one parent wishes to take a child out of the country and the other parent does not consent. In some cases, parents may not realise that permission is required before making travel plans.
Child Care Solicitor Gabriella Kent explains why understanding your legal position and planning ahead can help avoid unnecessary stress, expense and disappointment.
Can I take my child abroad?
The answer depends on whether there is a Court Order in place and who holds parental responsibility for the child.
Where a parent has the benefit of a Child Arrangements Order stating that the child lives with them, they can usually take the child out of England and Wales for up to 28 days without obtaining the consent of the other parent though this should not in turn, cause a breach to the Order. For example contact arrangements for the child to spend time with the other parent that cannot therefore proceed if the child goes on holiday.
A parent wishing to take a child abroad must obtain the written consent of every person who holds parental responsibility for that child. This is important not only from a legal perspective but also because airlines and border authorities may request evidence that permission has been granted.
A common misconception is that if a parent is travelling during their usual time with the child, they can make the decision unilaterally. In reality, parental responsibility means major decisions, including international travel, often require agreement between those who share it.
Why it’s important to plan early
One of the most common issues family lawyers encounter during the summer months is parents seeking urgent advice shortly before their planned departure date.
Flights have been booked, accommodation has been paid for and excitement is building. Only for concerns to arise because consent has not yet been obtained.
Early and open communication is often the best way to avoid disputes. Parents should consider:
- Discussing holiday plans as early as possible
- Providing travel dates and flight details
- Sharing accommodation information
- Providing emergency contact details
- Explaining how the child will maintain contact with the other parent during the trip
Many disagreements can be resolved simply by ensuring the other parent feels informed and reassured.
What happens if the other parent does not consent?
If a parent with parental responsibility refuses consent, the parties may wish to explore mediation to see whether an agreement can be reached.
Mediation can provide an opportunity to discuss concerns in a structured environment and may help avoid the need for Court proceedings.
However, where agreement cannot be reached, the parent wishing to travel can apply to the Court for a Specific Issue Order.
The Court will then decide whether the proposed holiday should go ahead.
It is important to remember that Court proceedings are rarely a quick process. Parents should seek legal advice as soon as a disagreement arises rather than waiting until the weeks or days before travel.
What will the Court consider?
The Court’s paramount consideration is always the welfare of the child.
Each case will be determined on its own facts, but factors the Court may consider include:
- The purpose and duration of the trip
- The proposed destination
- The child’s age and circumstances
- Whether the holiday is in the child’s best interests
- The impact on the child’s relationship with the other parent
- Whether there are concerns about the child being returned to England and Wales
In many cases, genuine family holidays are viewed positively, particularly where detailed travel arrangements have been provided and there is clear evidence that the child will return home as planned.
What I see every summer
I’m often advising parents in summer who have booked a holiday only to discover that the other parent does not give their consent. More often than not, the issue is not the holiday itself, but a lack of communication about travel plans, accommodation details or arrangements for keeping in contact with the child.
I also regularly speak to parents who are unaware that booking and paying for a holiday does not automatically entitle them to take a child abroad. In some cases, a child has already been taken overseas without the consent of everyone with parental responsibility, leading to urgent legal action and avoidable stress.
In my experience, many of these disputes can be avoided through early discussions, open communication and a focus on what is best for the child.
The key message: don’t leave it too late
Summer holidays should be an opportunity for children to enjoy quality time with their families and create lasting memories. Where parents are separated, a little forward planning can make a significant difference.
Discuss arrangements early, share information openly, obtain any required consent in writing, and seek legal advice promptly if difficulties arise.
If a dispute does develop, it’s important to act quickly, as there may be options available to help resolve matters before the planned travel date.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]