When separated parents want to take a child on holiday, either abroad or within the UK, there are certain legal steps they may need to take. This is especially true if there is no formal court order in place stating who the child lives with, (this is known as a “live with” order). The starting point is parental responsibility. This refers to all the legal rights and duties a parent has in relation to their child, including decisions about travel.  

 If more than one person holds parental responsibility, there should be agreement about decisions that impact the child, such as taking a child abroad.  

If you want to take your child abroad the below checklist can be followed.  

Pre-travel Checklist for Separated Parents 

Written Consent  

If there is no “live with” order in place, written consent from the other party with parental responsibility to take a child abroad must be obtained. This is a legal requirement as per Section 13(1) of the Children Act 1989 which states “No person may remove a child from the UK without the written consent of everyone with parental responsibility or permission of the court.” Regardless of the length of the holiday, this will apply to holidays abroad.  

Written consent should be:   

• Signed and dated 

• Include full names of the child(ren) and the travelling parent  

• Specify the destination, accommodation, and travel dates  

This is extremely important as border officials may request proof of consent, and travelling without it could amount to child abduction. 

Passport  

A child cannot travel abroad without a passport, and therefore separated parents who both share parental responsibility must agree to an application for a childs passport. If one parent does not consent to the application, or refuses to sign the necessary documents, the other parent may need to apply to court for a Specific Issue Order (SIO) under Section 8(1) of the Children Act 1989. This allows the court to determine a particular issue in dispute, such as whether a passport can be issued. If a passport already exists and is being withheld bya parent, this can also be dealt with via a court application for an SIO.  

Existing Court Orders  

If there is an existing Child Arrangements Order (CAO) in place that states the child “lives with” you, then you are legally permitted to take the child abroad for up to, or less than, 1 month without the other parent’s consent. This is as per Section 13(2) of the Children Act. However, this strictly applies to a holiday trip, and not permanent relocation. It’s also considered good co-parenting practice to inform the other parent, and provide travel arrangements details i.e. country, flight details, hotel and emergency contact information, unless there are safeguarding reasons not to do so. 

Applying for a Specific Issue Order  

If you require but are unable to obtain agreement  to take your child on holiday, or the other parent is withholding agreement unreasonably, you can make an application to the court for a Specific Issue Order (SIO) under Section 8(1) of the Children Act 1989.  Such an order if granted can give permission for the child(ren) to travel with you. The court’s decision will be based on the child’s welfare, applying the welfare checklist as per Section 1(3) of the Children Act 1989. The court will consider the following:  

• Whether the trip is in the child’s best interests 

• How long the child will be away 

• The purpose and planning of the trip 

• Any potential risk to the child or of non-return/abduction 

Prohibited Steps Order  

If you have concerns about a requested holiday, such as a risk that the child will not be returned, or that the holiday trip itself may place the child at harm, you can apply to the court for a Prohibited Steps Order (PSO)  under Section 8(1) of the Children Act 1989. This order prevents the other parent from taking a specific action without permission, such as taking the child abroad. This order is made under Section 8 of the Children Act 1989, and the court will again apply the welfare checklist in deciding whether the holiday go ahead.  

Common scenarios where this may be appropriate include (but not limited to):

• Concerns about parental child abduction  

• The child is unwell or vulnerable 

• Lack of communication or planning around the trip 

A holiday can often be a valuable experience for a child. However, when parents are separated, it’s important to understand the legal framework behind this. Therefore, planning ahead, communicating clearly, and seeking legal advice ahead of time can help ensure that holiday arrangements go progress as smoothly as possible, and are focused on the child’s best interests.