With the sun shining and the school holidays fast approaching, many parents are starting to make child holiday arrangements, whether that means a break in the UK or a trip abroad. But before booking travel, it is important to consider one key question: do you need the other parent’s permission to take your child abroad?
Do I need permission to take our child abroad?
If more than one person has Parental Responsibility, and there’s no court order allowing you to travel (for example, a ‘live with’ order permitting travel for up to 28 days), you must get permission from the other parent.
What permission do I need?
It’s advisable to carry a signed Permission to Travel letter which should include:
- Full names, contact details, and passport information of both parents or legal guardians
- Your child’s full name, date of birth, and passport details
- Trip details – destination, dates, flight details and duration
- A brief summary of any relevant court orders
- Signatures of all those with Parental Responsibility
TAKE NOTE – check entry requirements for your destination as some countries require this letter to be notarised or witnessed by a solicitor.
Other documents to carry
If you have a different surname to your child, bring their full birth certificate (showing both parents’ names) and, if applicable, your marriage certificate.
What if the holiday is in the uk?
If you’re holidaying in the UK during your allocated time with the child, you generally don’t need the other parent’s consent. However, sharing travel details is good practice to maintain positive co-parenting and ensure everyone knows where the children are in the event of an emergency.
Can grandparents take children on holiday?
Yes, but if grandparents don’t have a legal order confirming the child lives with them, they must carry a signed consent letter from all with Parental Responsibility.
What if the other parent refuses consent?
Start by discussing the issue and exploring compromises, for example, video calls during the trip or offering extra contact time afterwards. Mediation can be a useful way to resolve disagreements.
If agreement can’t be reached, you can apply to court for a Specific Issue Order. Be aware this process can take time and may lead to further legal action, such as a Prohibited Steps Order, preventing you from taking the client abroad (in exceptional circumstances), or a Child Arrangements Order. We would recommend that you seek legal advice early and allow plenty of time before your intended travel date.
What happens if I travel without permission?
Taking your child abroad without consent from all with Parental Responsibility is considered child abduction, which is a serious criminal offence. You could face prosecution or be denied entry at your destination if you do not have the right documents.
If you believe your child is at risk of being taken abroad without your permission, contact a solicitor immediately. If you believe the child could be taken within 48 hours, you may want to consider contacting the police.
How Moore Barlow can help
There’s no single answer to whether you need your ex’s permission to travel, as it depends on your specific circumstances. To ensure a stress-free holiday and avoid legal issues, check the requirements well in advance.
If you need legal advice on taking your children abroad or any family law matter, contact our expert family law solicitors.
