Can I Take My Child Abroad Without the Other Parent’s Permission?

In most cases, a parent must obtain permission from everyone who has parental responsibility before taking a child abroad from England or Wales.

A limited exception may apply where a Child Arrangements Order states that the child lives with the travelling parent. That parent can usually take the child abroad for up to 28 days unless the order says otherwise or another court order prevents the trip.

Taking a child outside the UK without the required permission can amount to child abduction. Parents should therefore check the legal position and obtain written consent before making non-refundable travel arrangements.

Key points for separated parents

  • Foreign travel usually requires consent from everyone with parental responsibility.
  • Verbal agreement may be difficult to prove, so written consent is preferable.
  • A parent named as someone the child lives with under a Child Arrangements Order may usually travel for up to 28 days.
  • The exact wording of any court order must be checked.
  • A parent can apply for a Specific Issue Order if consent is refused.
  • A Prohibited Steps Order may be used to prevent a proposed removal.
  • The child’s welfare is the Family Court’s paramount consideration.

When is permission required to take a child abroad?

Permission will generally be required from every person who has parental responsibility for the child.

Parental responsibility covers the legal rights, duties and authority a person has in relation to a child. More than one person can hold parental responsibility at the same time.

People who may have parental responsibility include:

  • The child’s birth mother
  • A father who acquired parental responsibility through marriage, registration, agreement or court order
  • A guardian
  • A person granted parental responsibility by a court
  • A local authority in certain circumstances

A child living mainly with one parent does not automatically remove the other parent’s parental responsibility.

The safest approach is to identify everyone whose consent is required before confirming the trip.

Does a Child Arrangements Order allow foreign travel?

A Child Arrangements Order can specify where a child lives and when the child spends time with another person.

Where the order names a parent as someone with whom the child lives, that parent may usually take the child abroad for up to 28 days without separate permission. However, this does not apply where:

  • The Child Arrangements Order contains a restriction
  • Another court order prevents the journey
  • The proposed trip exceeds 28 days
  • The trip would breach another part of the arrangements
  • The child would not be returned as required

The 28-day provision should not be treated as permission to interfere with the child’s time with the other parent.

Even where formal consent is not required, responsible co-parenting normally involves sharing the travel dates, destination, accommodation and contact details.

What should a holiday proposal include?

A detailed proposal makes agreement more likely and reduces uncertainty.

The travelling parent should consider providing:

  • The country and destination
  • Departure and return dates
  • Flight or transport information
  • Accommodation details
  • Contact telephone numbers
  • The names of other adults travelling
  • Travel insurance information
  • Emergency arrangements
  • Plans for calls with the non-travelling parent
  • Confirmation of when normal arrangements will resume

This information should be provided early. Asking for permission shortly before departure can create unnecessary conflict and may leave insufficient time for mediation or a court application.

What is a child travel consent letter?

A child travel consent letter records that the relevant person agrees to the child travelling abroad.

A useful letter should normally identify:

  • The child
  • The travelling parent
  • The consenting parent
  • The destination
  • The departure and return dates
  • The travel arrangements
  • The consenting parent’s contact information
  • The consenting parent’s signature
  • The date on which consent was given

Depending on the destination, the parent may also need to carry:

  • The child’s birth certificate
  • A copy of the Child Arrangements Order
  • Marriage or divorce documentation
  • Evidence explaining different surnames
  • Medical information
  • The other parent’s contact details

Airlines and destination countries may impose their own requirements. These should be checked separately.

Can the other parent refuse permission?

A parent can object to a proposed trip. However, the legal importance of the objection will depend on the reason for refusing.

Potentially legitimate concerns include:

  • A risk that the child will not be returned
  • Travel to a dangerous destination
  • Missing or unclear accommodation details
  • The child missing school or medical treatment
  • Conflict with an existing Child Arrangements Order
  • Previous breaches of child arrangements
  • Health or safeguarding concerns
  • Insufficient information about the trip

A refusal based solely on conflict between the parents may be less persuasive than a genuine welfare concern.

The parents should first identify whether additional information, different dates or appropriate safeguards could resolve the disagreement.

What can I do if consent is refused?

There are several possible routes.

Direct discussion

The travelling parent can provide a complete written proposal and address each concern raised.

Solicitor negotiation

A family solicitor can explain the legal position, communicate with the other parent and propose safeguards or revised arrangements.

Family mediation

A mediator can help both parents discuss the disagreement and explore a voluntary solution. The mediator does not impose a decision.

Specific Issue Order

Where agreement cannot be reached, the travelling parent may apply to the Family Court for a Specific Issue Order.

A Specific Issue Order allows the court to decide a particular question relating to the child’s upbringing, including whether a proposed foreign holiday should take place.

What will the court consider?

The court’s paramount consideration is the welfare of the child.

Relevant factors may include:

  • The purpose of the trip
  • The proposed destination
  • The duration of the holiday
  • The quality of the travel and accommodation plans
  • The child’s age and needs
  • The child’s wishes and feelings, where appropriate
  • The effect on the child’s relationship with the other parent
  • The risk of non-return
  • Previous compliance with child arrangements
  • Any safeguarding concerns
  • Whether safeguards could reduce the identified risks

There is no automatic rule that foreign holidays must be approved or refused. Each application is assessed on its facts.

Can a parent stop a child from being taken abroad?

A concerned parent may apply for a Prohibited Steps Order.

This type of order can prevent another person from taking a specified action in relation to the child, including removing the child from the country.

Urgent legal advice may be required where there is evidence that a child could be taken abroad imminently without the necessary consent.

In serious and immediate circumstances, additional protective steps may also be available. The appropriate response will depend on the evidence, timing and level of risk.

What happens if a child is taken abroad without permission?

Removing a child without the required consent can have serious consequences.

Depending on the circumstances, the matter may involve:

  • Urgent Family Court proceedings
  • Child abduction procedures
  • Applications for the child’s return
  • Police involvement
  • International legal cooperation
  • Future restrictions on travel or passports
  • Changes to existing child arrangements

Parents should not attempt to resolve an international removal without specialist advice.

How early should separated parents discuss holidays?

Parents should raise foreign holidays as soon as the proposed dates and destination are known.

Early discussions provide time to:

  • Check parental responsibility
  • Review any existing court order
  • Obtain written consent
  • Arrange passports and documentation
  • Resolve conflicting contact dates
  • Attend mediation
  • Negotiate through solicitors
  • Make a court application where necessary

Booking travel before obtaining permission can result in financial loss and avoidable urgency.

How can Arlingsworth Solicitors help?

Arlingsworth Solicitors can advise on:

  • Whether permission is required
  • Parental responsibility
  • Existing Child Arrangements Orders
  • Foreign holiday consent
  • Travel consent letters
  • Specific Issue Orders
  • Prohibited Steps Orders
  • Risks of international child abduction
  • Urgent Family Court applications
  • Disputes about passports or travel documents

Our family law solicitors provide clear, child-focused advice to parents in Brighton, London and across England and Wales.

Early advice can help parents understand their position, reduce conflict and avoid making travel plans that cannot lawfully proceed.

Frequently asked questions

Can I take my child abroad for one week without permission?

A short trip may still require consent. The duration of the holiday does not by itself remove the requirement to obtain permission.

Does a text message count as consent?

A clear text message may provide evidence of agreement, but a formal written consent letter is usually easier to present to an airline, border official or foreign authority.

Can my ex refuse to release my child’s passport?

A dispute over a passport may require negotiation or a court application. The appropriate step depends on the existing arrangements and the reasons for refusal.

Can I take my child abroad for up to 28 days?

A parent named in a Child Arrangements Order as someone with whom the child lives may usually take the child abroad for up to 28 days, unless the order states otherwise or another court order prevents it.

Should I book the holiday before seeking permission?

It is safer to obtain permission before making non-refundable bookings.

Which court order is used when permission is refused?

A parent may apply for a Specific Issue Order asking the court to decide whether the proposed holiday should proceed.

Legal information

This article concerns the law of England and Wales. It provides general legal information and is not a substitute for advice based on the individual facts of a case.