Planning a holiday with your children after a separation or divorce can be a wonderful way to bond and build new traditions. But if you're a separated parent in England or Wales, there are legal steps you must take before heading overseas.
Ben Dale, Solicitor in our Family Law team at Jackson Lees, explains the key legal points to consider when organising a trip abroad with your child post separation.
Do You Need Permission to Travel with Your Children?
In most cases, yes. If both parents share parental responsibility, you’ll need the other parent’s written consent before taking your child abroad, even for a short break. The only exception is if you have a Child Arrangements Order stating the child lives with you. If you have a formalised order, this allows travel for up to 28 days without needing consent (unless otherwise restricted by the court).
Travelling without permission could be classed as child abduction under UK law, regardless of your intentions. Always carry written consent and supporting documents when travelling.
What If the Other Parent Says No?
If you can’t get agreement, your next step is to apply to the Family Court for a Specific Issue Order. The court will assess whether the trip is in your child’s best interests, considering:
Travel length, dates and destination
Accommodation plans
Impact on the child’s routine and contact with the other parent
Don’t Forget Travel Documents
Ensure your child’s passport is valid and in your possession. If you need to apply for a new one and the other parent won’t cooperate, you may need a court order. The HM Passport Office often requires both parents’ details, especially in contentious cases. IF your surname is different to the child’s you may want to take some copies of the child’s birth certificate with you.
Share Your Plans Early
Good communication can prevent conflict. Be proactive and share:
Travel dates and itinerary
Flight and hotel details
Emergency contacts
How your child will stay in touch with the other parent
This helps build trust and shows you’re acting in the child’s best interests.
Respect Court Orders
If there’s a Child Arrangements Order or Prohibited Steps Order in place, you must follow it. Breaching a court order can lead to serious consequences, including enforcement action or changes to custody.
Cover Health and Safety
Make sure your child is covered by comprehensive travel insurance, especially if they have medical needs. You may also need a medical consent letter in case treatment is required abroad.
When to Seek Legal Advice
If you're unsure about your rights or facing resistance from your ex-partner, it’s wise to speak to a family law solicitor. They can help you understand your options and apply for the necessary court orders if needed.
How Jackson Lees Can Support You
Planning a holiday after divorce doesn’t have to be stressful. With the right legal advice and clear communication, you can enjoy a smooth and memorable trip with your child.
Jackson Lees can support your child arrangements after a divorce. Our experienced family law solicitors understand the emotional and legal complexities involved and are committed to providing you with compassionate and comprehensive legal guidance.
For a consultation with a member of our legal team, give us a call, make an enquiry or request a call back.