Jun 25
Travelling abroad with children isn’t just about booking flights and packing bags-especially for separated parents. Careful planning and awareness of legal requirements are essential. Claire Hunter, Associate Solicitor in the Family Team at Raworths, provides some tips for separated parents taking children abroad on holiday.
Each family’s circumstances will differ and we can provide tailored advice to your specific needs.
Where both parents have parental responsibility for the child (and there are no existing court orders) consent from the other parent must be obtained if you wish to take the child out of England or Wales. Without such consent there is a risk that you commit the criminal offence of child abduction. If cases where there is a court order in place, such as a lives with order, it may be that consent is not required if you wish to travel for up to 28 days. Legal advice should be sought if you have any uncertainty around this to help prevent any issues.
Even if the other parent doesn’t have parental responsibility it is always sensible to seek their consent where possible.
Written consent rather than verbal consent is preferred, as this will mean that you have some physical evidence to travel with. This can also help in the event of a dispute about whether the other parent actually gave consent to the trip. It is sensible to give the other parent details about the intended holiday such as:
Early communication is key to ensuring that there is plenty of time to iron out any difficulties that may arise around consent. If a court application is required it is essential that there is sufficient time for the application to be drafted, issued at court, served on the other parent and listed for a hearing. Leaving it until the morning of the intended trip will be too late.
Yes as border control may ask you to provide evidence of:
Suggested travel documents include: the written consent from the other parent, the holiday details (flight times/dates/location), divorce/marriage certificate, contact details of the other parent and the child’s birth certificate.
These documents can also help clarify any issue that may arise about the child’s surname if it is different from yours.
An application to court would be required. This is why giving as much notice to the other parent is sensible so that there is sufficient time for such an application if necessary. A judge will consider the application, whether it is in the best interests of the child and the reasons why the other parent is refusing the holiday. Usually, if the application is for a holiday abroad and the parent intending to travel abroad can evidence their holiday details including return flight details the court will grant consent for the holiday.
Alternatives to court such as mediation or arbitration may assist the parents if there is sufficient time before the intended trip. If there is a court order or parental agreement in place but parenting remains high conflict, a parental co-ordinator may be able to help the parents improve communications and reduce the conflict.
If you would like further information on this topioc, please contact a member of the specialist family law team at Raworths on 01423 566666 or claire.hunter@raworths.co.uk
Updated and republished on 17 June 2025
The information and any commentary contained in this briefing is for general information purposes only and does not constitute legal or any other type of professional advice.
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