Do I need permission to take my children on holiday abroad?

The importance of considering whether permission is required from your ex-partner.

The end of the school year is drawing near and the countdown to your holiday may nearly be over, but have you considered whether you would need permission from your ex-partner to take your child with you on holiday? 

What is parental responsibility?

Parental responsibility is having the legal rights, duties, powers, responsibilities and authority for a child and the child’s property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing. This includes whether they can be removed from the jurisdiction including for a holiday. 

Do I have parental responsibility?

Mothers are automatically given parental responsibility at the birth of the child, as do fathers who are: 

• Married to the mother at the time of the birth; or 
• Named on the birth certificate (from 1 December 2003).

Otherwise, a father can obtain parental responsibility by marrying the mother after the child’s birth or through an order made by the court or by signing a parental responsibility agreement. If a father does not have parental responsibility, you are not required legally to obtain his permission before travelling, although it is good practice and courtesy to do so.

Parental responsibility can also be obtained by a third party such as a grandparent if they have a court order such as Special Guardianship Order. 

Who needs permission?

If a child is under the age of 16 on the date of departure, every person with parental responsibility of a child, requires the permission of every other person with parental responsibility for that child to take them on holiday abroad, this means outside of the UK (England, Scotland, Wales or Northern Ireland).

If you have a Court Order such as a Child Arrangements Order and that order states that the child lives with you, then you may take the child on holiday out of the UK for up to 28 days without the permission of the other person who has parental responsibility.

If you do not obtain permission, you are at risk of committing a criminal offence of Child Abduction. 

How do I get permission?

The first step should always be to speak to everyone who has parental responsibility about your intended holiday and give them details of the destination, how long you will be there for and any other relevant details such as accommodation, flight times and other arrangements in case of an emergency.

You would need to obtain written permission from everyone who has parental responsibility to take the child on holiday out of the UK. The letter providing their permission should be signed and include their full name, address, telephone number and date of birth, the child’s full name, address, date of birth, passport number and their relationship to the child. It should also confirm the dates of the holiday and destination, and that they provide you with permission to take the child on holiday.

You should ensure you take this letter with you, as well as a copy of the child’s birth or adoption certificate, and if you are divorced and have changed your surname, a copy of your Decree Absolute or Final Order as it may be needed at passport control. You should also take a copy of any relevant court order with you. 

What if I can’t obtain permission?

If those with parental responsibility of the child will not give you permission to take the child on holiday outside of the UK, you may want to consider a form of Non-Court Dispute Resolution, such as mediation, mediation would provide for an impartial, neutral third party to assist you and those with parental responsibility in reaching an agreement in the child’s best interests.

If matters cannot be agreed, you will have to make an application to the Family Court for a Specific Issue order, to determine whether or not the holiday can go ahead. You will need to attend a Mediation Information Assessment Meeting (MIAM) unless an exemption applies before any such application can be made.

It is important to note these types of applications are not regarded as urgent matters by the court and it can take several months to conclude proceedings, therefore if there is likely to be a dispute you should make your application as soon as possible. You will need to demonstrate to the court that the holiday is in the best interests of the child. You should avoid booking your holiday until an order has been made, as you will not be able to claim your wasted costs if the holiday does not proceed. 

What if I don’t give my consent, but I think my child will be taken abroad anyway?

If you do not consent to your child being taken outside of the UK by somebody else who has parental responsibility (even if there is a court order which means they do not require your permission; because you are concerned about the welfare of the child should they be taken abroad) you should in the first instance, make an application to the court for a prohibited steps order. Again, you will have to attend a MIAM before making your application, unless you are exempt. This will allow the family court to make a determination as to whether or not the person with parental responsibility should be allowed to take the child on holiday outside of the UK.

If the holiday is imminent and there is insufficient time to make an application to the court, and you are concerned the child may be at risk of harm if the holiday proceeds, or that they may not be returned to the UK, you should seek legal advice and you may need to notify the police who can issue a “port alert” to prevent the child being removed from the country. If the other person with parental responsibility holds a different nationality to you, you may need to contact the country’s embassy, high commission or consulate in the UK.

You will need to provide evidence that there is an intention for the child to be removed from the UK and or that the other person does not have the authority to do so (i.e. a court order). 

Jordans Solicitors’ Family Law team – here to support you

At Jordans, we support you through every step of your matter. At the outset of any matter if we believe you may qualify for public funding, we work with you to conduct a public funding eligibility assessment to check if you are eligible for Legal Aid in your case.

If you wish to discuss your financial matters further, please contact our team of experts on 033 0300 1103 and ask to speak to a member of our Family Law team.