Can I Take My Child on Holiday Abroad Without Telling my Ex?

What seems like a simple family getaway can quickly become a source of legal tension, especially when one parent doesn’t agree or is left out of the conversation entirely.

Under UK law, taking a child abroad without the necessary consent can have serious consequences, including accusations of child abduction. It’s a scenario that catches many parents off guard, often because they don’t realise that different rules apply once they are no longer in a relationship with the other parent.

Consent is not optional - if both parents have parental responsibility, neither can take a child out of England and Wales without the other’s written consent. Unless, they have a court order permitting the trip. Parental responsibility is typically held by both parents if they were married at the time of the child’s birth or if the father is named on the child’s birth certificate (after December 2003).

There is one exception, if a parent has a Child Arrangements Order stating that the child “lives with” them, they can take the child abroad for up to 28 days without the other parent’s consent. Even then, it is strongly advised to give notice and share travel details to avoid unnecessary conflict.

If the other parent refuses permission, or if there are concerns about the child not being returned, an application to the Family Court may be necessary to review permission for international travel and consider whether any conditions need to be imposed.

Disputes about taking a child abroad can arise in many forms:

• Last-minute objections from one parent after travel is already booked

• Fear of abduction, particularly when travel is to a country outside the Hague Convention

• A lack of communication, leaving one parent feeling excluded or blindsided

• Concerns over the child’s safety, such as unsuitable accommodation or non-vaccinated travel

• Objections to specific countries, especially those in political conflict or with differing cultural values

While some parents withhold consent out of genuine concern, others may do so to assert control or frustrate the other’s plans. Regardless of motive, the law prioritises the child’s best interests, not parental rivalry.

In the UK, courts regularly deal with applications under Section 8 of the Children Act 1989, either by granting a Specific Issue Order (to allow the holiday) or a Prohibited Steps Order (to prevent it).

In the case of Re H (Children) [2014], the court allowed a mother to take her children abroad despite the father’s objections, ruling that the trip was in the children’s best interests and there was no real risk of abduction. The case highlighted the court’s willingness to support normal childhood experiences, such as family holidays, when it is safe and appropriate to do so.

By contrast, in more contentious or high-risk cases, the court may require safeguards such as:

• Advance sharing of full travel itineraries

• Proof of return tickets and evidence of accommodation

• Lodging the child’s passport with a solicitor until close to departure

The best approach is always clear communication. If a dispute arises, try to resolve it with the help of a family solicitor, who can assist in formalising agreements and setting realistic expectations.

If no agreement is possible, the parent wishing to travel can apply to the court for permission. The court will consider factors such as:

• The purpose and duration of the trip

• The child’s relationship with both parents

• Any risks of non-return or harm

• The impact of refusing permission

It’s important to note that booking a holiday before receiving consent or a court order can backfire, potentially undermining trust and affecting future arrangements.

Before taking your child abroad, make sure:

• You have written consent from all parties with parental responsibility (unless you hold a “lives with” Child Arrangements Order)

• You have access to your child’s passport and any necessary visas

• You’ve shared the itinerary and emergency contacts

• You’ve considered health, safety, and return logistics

Above all, make sure that the holiday reflects what is in your child’s best interests, not just your own preferences or convenience.

At Collective Law Solicitors, we regularly advise parents on the legal aspects of international travel and child arrangements. Whether you're seeking consent, facing obstruction, or unsure of your rights, we provide expert, compassionate advice grounded in the law and guided by what’s best for your child.

Need advice about taking your child abroad or dealing with a parent who won’t consent?

Get in touch with our family law specialists today: Tel: 0121 667 6466 or email: sana@collectivelaw.co.uk