Legal Update: Legal Q&A - Taking a child abroad

I am separated from my partner. Do I need to ask for permission to take our children on holiday with me?

If both of the child’s parents have parental responsibility and there are no residence orders or other restrictions in place, then both parents must have the written consent of the other parent to be able to take their child abroad. If this is refused then a parent can make an application to the court for permission. If permission is not obtained and the child is taken abroad, then this will be considered child abduction. There is the risk that the other parent may instigate abduction proceedings even if it is an innocent holiday.

However, if you are a parent who has a residence order, then you are allowed to take your children out of the country for up to 28 days without having to consult with the other parent. The parent without the residence order will need the other parent’s permission to take the child abroad, but if consent is unreasonably withheld, then following an application to the court, the court will often give approval if it is satisfied that the arrangements are reasonable and the child will be safely returned. It is advisable and responsible parenting to try to agree arrangements in advance to avoid misunderstandings, problems with contact and prevent accusations from being made. Grandparents or other family members need permission from both parents with parental responsibility.


Legal Update is produced in association with experts at Coram Children’s Legal Centre www.childrenslegalcentre.com

For free legal advice to frontline professionals on all child protection and safeguarding issues call 020 7636 1245

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