Can I take my child on holiday abroad without the consent of the other parent?

The new school year has just begun, and many families are settling back into term-time routines. However, you might already be thinking ahead to an autumn getaway or even planning trips for the October half-term. Before booking, it’s important to consider whether you’ll need your ex-partner’s consent to travel abroad with your child.

Whether you can take your child on holiday abroad without the consent of the other parent will depend on your individual circumstances.

The general rule is that the consent of everyone with parental responsibility is required to take a child out of the UK and mist be considered as a key requirement for foreign travel. Parental responsibility is automatically conferred on mothers; however, Fathers acquire parental responsibility if they are named on the child’s birth certificate, are married to the mother at the time the child is born, are granted parental responsibility by court order or enter into a parental responsibility agreement with the mother. If a father does not have parental responsibility, then you do not need his consent before going away.

If you have a child arrangement order in your favour that says the child lives with you then such consent is not required, and you can take the child out of the country for up to one month. If the duration of travel is longer than this then you will need consent from the other parent. It is always advisable to notify the other parent of the holiday in any event and provide them with details of travel to avoid any allegation of child abduction.

If a child arrangement order is not in place, then the consent of both parents with parental responsibility is required. If an agreement can be reached then an application to court will not be necessary but only if you have obtained written consent from the other parent. We would be very happy to help you with a formal letter of consent should require assistance.

If an agreement cannot be reached then an application to court will be necessary. Permission for a child to travel abroad is usually granted by the court but the court will require details around holiday dates, flight details to include a return flight, accommodation and contact numbers. The court must be satisfied that you intent to return to the UK and the holiday is in the best interests of the child.

There is a risk if you attempt to take your child abroad without consent the other parent may allege child abduction which is a serious offence and something which you will wish to avoid. We are here to help you and guide you through the right process.

If you are unsure as to who has parental responsibility or whether consent is required, then please contact with the highly experience Family team here at Hopkins today, who would be more than willing us to discuss matters. Similarly, if you require assistance in obtaining consent or commencing court proceedings then contact one of our friendly team today who will be happy to arrange an appointment with you to discuss your options. In certain circumstances, legal funding may be available.