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Taking Your Child Abroad: A Guide for Separated Parents

30 July 2025

Planning a family holiday abroad can be an exciting experience. But if you're a separated parent, arranging overseas travel with your child can come with added complexities, especially if the other parent doesn’t agree to the trip.

Whether it’s your first holiday since separating or you're encountering resistance from a former partner, it’s important to understand your legal responsibilities before travelling abroad with your child.

At Aldridge Brownlee Solicitors, our family law team is here to help you navigate these situations with confidence. Below is a helpful overview of what you need to know.

Do I Need Permission to Take My Child Abroad?

In most cases, yes. You must have the consent of everyone with parental responsibility before taking a child abroad. Typically, this includes both parents, unless a court order says otherwise.

What Is Parental Responsibility?

Parental responsibility refers to the legal rights and duties relating to a child’s care and upbringing. It includes decisions about:

• Medical treatment
• Education
• Religion
• Day-to-day care
• Travel abroad

Who has it?

• Mothers automatically have parental responsibility.
• Fathers have it if they were married to the mother at the time of birth, are named on the birth certificate (after December 2003 in England and Wales), or have been granted it via court or formal agreement.

What Kind of Agreement Is Required?

If you're planning to take your child abroad, you’ll need to discuss your travel plans with the other parent or anyone else with parental responsibility. This includes:

• Travel dates and destination
• Flight and transport details
• Where you’ll be staying
• How the other parent can stay in contact during the trip

It’s sensible to document this agreement in writing, an email or signed letter will often suffice.

What If the Other Parent Doesn’t Agree?

If consent is withheld, here are your options:

1. Negotiation – Speak directly or involve a solicitor to help reach a mutual agreement.
2. Mediation – A neutral third party can support a structured conversation.
3. Court Application – If mediation fails, you may apply for a Specific Issue Order to gain permission for the holiday.

When applying to court, you’ll need to provide details about your plans and explain why the trip is in your child’s best interests.

Worried Your Ex Might Take Your Child Without Permission?

If you’re concerned that your child may be taken abroad without your agreement, and you share parental responsibility, legal action is available:

• Speak to a family solicitor to understand your rights and options.
• Apply for a Prohibited Steps Order to prevent the other parent from taking your child abroad without court approval.
• In urgent cases, the court can act quickly to stop unauthorised travel.

How We Can Support You

We advise separated parents on all aspects of children matters, including:

• Holiday arrangements
• Disputes about travel abroad
• Court applications for or against permission to travel

If you're facing difficulties reaching an agreement or have concerns about your child being taken overseas, we're here to help. We understand the challenges of parenting after separation. Let our experienced team guide you through the process and protect your legal rights.

Contact us today on 01202 294411 or  Contact Us AB Solicitors For Your Legal Needs to arrange an appointment with our family law team.

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