Taking Children Abroad After Separation | Do You Need Permission?

Written by Jacqueline Fitzgerald - 22.07.26

For many families, summer is a time for holidays abroad. If you are separated from your child's other parent, there is one important point that should not be overlooked before you book your trip.

Depending on your circumstances, you may need the permission of everyone with parental responsibility before taking your child outside England and Wales, even for a family holiday.

Understanding the rules before you travel can help avoid unnecessary stress and ensure your holiday gets off to the best possible start.

Who has parental responsibility?

Parental responsibility is the legal term for the rights, duties and responsibilities a parent or other adult or in some cases the local authority has in relation to a child.

A child's mother automatically has parental responsibility. Fathers may also have parental responsibility, depending on factors such as whether they were married to the child's mother at the time of the child’s birth or are named on the child's birth certificate. Other individuals, such as guardians or those named in a court order which directs that the child lives with them , may also have parental responsibility.

If more than one person has parental responsibility, major decisions about a child's upbringing should usually be made together and in the absence of agreement, decided by the court.

Do you need permission to take your child abroad?

In many cases, yes.

If someone else has parental responsibility, you will usually need their agreement before taking your child abroad.

There is an important exception. If a child arrangements order states that the child lives with you, you can usually take your child abroad for up to 28 days without needing the consent of everyone else with parental responsibility, unless the court order says otherwise.

If you are unsure whether this applies to your family, it is sensible to seek legal advice before making travel arrangements.

Why written consent is a good idea

Even where everyone agrees, obtaining written consent is sensible.

Airlines, border officials or overseas authorities may ask for evidence that you have permission to travel with your child, particularly if you have different surnames.

A simple letter or email can help avoid delays and should include:

the names of the child and both parents
travel dates and destination
contact details for the parent giving consent
confirmation that they agree to the trip

It can also be helpful to carry copies of the child's birth certificate and any relevant court orders if they apply to your circumstances.

What if the other parent says no?

If agreement cannot be reached, it is important not to travel without resolving the issue.

Taking a child abroad without the necessary consent could have serious legal consequences.

In many cases, an agreement can be reached through discussion, mediation or legal advice. Where this is not possible, the family court can decide whether the proposed holiday should go ahead, always with the child's best interests as the guiding principle.

The earlier you seek advice, the more options are likely to be available before your planned departure date. It can often take many months to get a case before the court for a decision.

Planning ahead makes travelling easier

Most holidays involve checklists, passports, insurance and packing. If you are travelling abroad after separation, checking the legal position should be on that list too.

A little preparation now can provide reassurance for everyone involved and help ensure your family holiday begins exactly as it should.

If you are unsure whether you need consent to travel abroad with your child or would like advice about parental responsibility or child arrangements orders, our family team is here to help.