Can I Take My Child Abroad Without the Other Parent’s Agreement?

Specialist family law solicitor, Carol Toulson, takes a look at if you are able to take your child on holiday, even if the other parent does not agree.

No. You cannot remove your child from the jurisdiction without either the written consent of every person who has parental responsibility for the child or consent of the Court.

This means that if you wish to take your child on holiday abroad and the other parent who has parental responsibility does not agree then you cannot take them.  Unless one of the following applies:-

• You have a Child Arrangements Order that provides for the child to live with you.
• You have a Court Order giving consent.

If you have a Child Arrangement “Lives with” Order that provides for the child to live with you, you are entitled to remove your child from the jurisdiction for a period of less than one month (28 days) without the other parent’s permission.  The parent without the Lives with Order will still need the consent of the other parent. 

Typically, both parents share parental responsibility and to remove a child you need the consent of every person with parental responsibility unless you have the Lives with order as above.

How do I get permission from the other parent?

• Reach out early giving full details of the trip, including proposed dates, where you will be staying and contact details.
• Once consent is obtained follow up in writing.
• If consent is not provided, see if you can allay any concerns the objecting parent may have.
• Consider mediation.
• Apply to the court.

“The other parent is just being unreasonable.  The holiday would be really good for the child.  We have both been through a hard time and the holiday is just what we need.”

Even if the other parent is being unreasonable and still will not give consent, you will need to make an application to the Court under the Children Act for a Specific Issue Order.  Essentially this is the Court’s permission for you to remove the child from the jurisdiction for the purposes of a holiday. 

When considering an application under the Children Act the Court will consider what is in the best interests of the child and this will be the Court’s paramount concern.  Generally, the Courts are unlikely to prevent a child from going on holiday with a parent if the holiday would be a good experience for the child.

An objecting parent would have to come up with very good reasons as to why a holiday was not in the child’s best interest.  If you are concerned by another parent’s wish to take the child on holiday or wish to take your child on holiday but the other parent will not agree we would recommend that you come in and discuss the matter carefully with one of our experienced family law solicitors.  The solicitor can then advise you as to your rights, the options available to you and the approach of the Court.