Can I take my child on holiday if I am not the resident parent?
You generally do not need permission to take your child on a holiday within the UK. You just need to ensure that it does not conflict with any arrangements already set out in a court order or already agreed with the other parent. It is still advisable to inform the other parent of your travel plans.
If you are looking to take your child abroad on holiday, if there is no court order, the usual starting point is to obtain the consent of the other parent, preferably in writing, who has Parental Responsibility for the child. If both parents agree, then, yes you can take your child abroad. Both parents typically have Parental Responsibility, even if they are not living together. This means they have equal rights and responsibilities regarding the child’s upbringing, including travel, both abroad and within the UK.
How do I get permission to take my child on holiday?
You can get permission from the other parent by simply requesting it in writing. Your letter should provide as much detail about the holiday as possible, such as dates, flight and accommodation details.
What if permission is refused to take my child on holiday?
If you are not able to obtain the other parent’s consent to the trip, then you will need to apply to the court for a Specific Issue Order. The court will consider the other parent’s objections and then decide if you can take your child on holiday. If you do not get permission and you still take your child on holiday, this could be child abduction and could lead to legal consequences.
If you wish to take your child on holiday but cannot get agreement from the child’s other parent and wish to apply for a Specific Issue Order then you should contact our Family Law experts today. We can help you apply to the Court, guiding you through the process.
I have a “lives with order”, do I still need permission to take my child on holiday?
If there is a Child Arrangements Order providing for the child to live with you, the “lives with” order allows you to take your child abroad for up to 28 days without seeking the other parent’s consent. However, even though consent is not required for a trip up to 28 days, it is still advisable to inform the other parent as part of co-parenting and to ensure that your trip does not interfere with any contact order in place that may affect the other parent. If it does interfere with any contact arrangements, then seek permission.
There are no court orders in place, but I have Parental Responsibility. Do I still need permission to take my child on holiday?
If both parents have parental responsibility and there is no Child Arrangements Order in place providing for where the child lives, both parents will need to consent to take the child abroad.
Can I stop my ex taking our child abroad?
On occasions, a parent may have concerns about the other parent taking their child abroad. In those circumstances, you should consider making an application to the Court for a Prohibited Steps Order. The Court will consider the parent’s concerns and decide whether the holiday is in the child’s best interests.
Parental Responsibility: What is it and how is it gained and lost
If you have Parental Responsibility, under the Children Act, you have certain rights and responsibilities in relation to a child, along with certain obligations.
If you don’t have Parental Responsibility, then you still have a duty to financially support your child, but you do not have the authority to make important decisions about their life. Read more…
Speak to Our Family Law Experts Today
If you’re unsure about parental consent, court orders, or whether you are allowed to travel abroad with your child, the family law experts at Edwards Duthie Shamash can guide you.
Contact us today for clear, practical advice and support.
Taking Your Child on Holiday Frequently Asked Questions
A Court Order is a legally binding decision made by a judge. In child arrangements, it can set out where a child lives, how much time they spend with each parent, and whether permission is needed for holidays or travel abroad.
Parental Responsibility is the legal right and duty to make decisions about a child’s upbringing, including education, health, and travel. Most mothers automatically have PR, and most fathers do too if they are named on the birth certificate.
A Specific Issue Order is made by the family court to resolve a particular dispute about a child’s upbringing, such as whether a parent can take the child abroad on holiday if the other parent refuses consent.
In family law, child abduction is when a parent takes or keeps a child abroad without the required consent from those with Parental Responsibility or without a court order. This is a serious legal matter and can have significant consequences.
A “Lives With Order” is a type of Child Arrangements Order that sets out who the child lives with. It allows the parent the child lives with to take them abroad for up to 28 days without the other parent’s consent, unless stated otherwise by the court.
A Prohibited Steps Order is a court order that prevents a parent from taking certain actions regarding a child without the court’s permission. For example, it can stop a parent from taking the child abroad on holiday if there are concerns about the child’s welfare.