Last Updated: August 2023
Please note: this article applies to holidays ‘abroad’ e.g. outside of the jurisdiction of England and Wales.
Taking your children on holiday abroad can stir up some legal challenges if you’re not careful, especially if you’re flying with your child who has a different surname to you. It’s important to consider the following points before travelling to avoid any pitfalls.
Taking my Child on Holiday Consent
If you are separated or divorced from the child’s other parent, do you have a Child Arrangement Order (previously known as residence orders or contact orders) in place? If you have an Order that determines that the child lives with you, you can take your child abroad for up to one month without the other parent’s consent.
The Order may specifically deal with holiday arrangements and provide expressly for holidays outside of the jurisdiction to be taken by one or both parents.
If you have permission by virtue of an Order, you may wish to take the Order with you on holiday as evidence. Further, whilst you are not legally required to secure a letter of consent from the other parent, it is good practice to do so if you are separated or divorced.
What happens if I don’t have a Child Arrangement Order?
If you do not have a Child Arrangement Order in place, and you wish to take your children abroad for a holiday, you must obtain written permission from anybody who has Parental Responsibility for the children. This is particularly important where there are shared arrangements relating to the custody of children. This means the mother, the father (provided the parents were married at the time of the child’s birth or the father is named on the Birth Certificate after December 2003). Step-parents and grandparents may also hold Parental Responsibility through a mutually signed Agreement or a court order granting parental rights.
If written consent is not forthcoming, you could be charged with Child Abduction if you take the children out of the jurisdiction without appropriate permission.
As a last resort, you could make an application to the Family Court for a ‘Specific Issue Order’ to seek the Court’s approval for any specific holiday and to be granted permission to remove the children from the jurisdiction. However, there is no guarantee the Court will process such an application as an ‘urgent’ application, and this could frustrate your holiday plans.
Other legal factors to consider
Discuss (and agree) dates
Agree with your former partner on any proposed holiday dates and broad arrangements each calendar year between you. You could agree to this by email, via a parenting app, or in a parenting plan.
Seek express permission
When you are planning to book a specific holiday, communicate with your former partner the proposed dates, travel arrangements and accommodation details, and seek their express permission before booking the holiday. Agree with your former partner’s arrangements in relation to the release and return of any passports (and check whether they need updating before you travel).
Contact your airline
Notify the airline of your position and ask for any advice they can give you about what documentation to carry with you or the specific entry requirements of the country you are travelling to.
Research specific country rules and laws
Consider the rules of the country you plan to visit. Different countries have different rules about travelling with children. Check with the relevant Embassy in the UK to check the specific country’s entry requirements. Some countries may require additional documentation.
Remember key documents
Take documents with you that prove you have a relationship with the children, for example, the children’s birth certificates, evidence of marriage to the mother, parental responsibility orders, adoption certificates, any Court orders and written confirmation that you have permission to take the children on holiday.
If you are unsure about your legal position or have any difficulties in resolving holidays with your former partner, then seek advice from one of our experienced family law lawyers at King Street Solicitors LLP.
We offer an initial 30 minute appointment and tailored appointments to suit your specific requirements.
Get in touch and speak with a member of our family team today.
Disclaimer: The content in this blog post is for informational purposes only and should not be seen as formal legal advice. King Street Solicitors is not responsible for any reliance on the information in this post. We do not take responsibility for the content of any external websites linked in the post. Any link to a third-party website should not be seen as an endorsement by King Street Solicitors.