Planning to go abroad with your children?

As the summer holidays approach, many families are preparing for a well-earned break abroad. However, if you’re a separated parent or share care responsibilities, it’s vital to understand your legal position before taking your child out of the country. At Haris Law Solicitors, we regularly advise clients on child travel matters and how to stay on the right side of the law.

Whether you're planning a quick getaway or an extended holiday abroad, you must consider who holds parental responsibility for your child. In most cases, this is shared between both parents, but others such as guardians or grandparents may also have legal rights depending on the circumstances.

If there is a Child Arrangements Order in place specifying that the child lives with you, you may be permitted to take them abroad for up to 28 days without needing further consent. However, this applies only when the order clearly grants you the right to do so.

Where there is no court order in place, or where others also hold parental responsibility, you must obtain written consent from all relevant parties before travelling outside the UK. According to Section 13(2) of the Children Act 1989, taking a child abroad without appropriate consent may be considered child abduction, a serious offence that can lead to criminal charges, fines, or imprisonment.

In cases where one parent unreasonably withholds consent, an application can be made to the Family Court for permission. The court will weigh the best interests of the child, and if permission is granted, you will be asked to provide full details of the planned trip, including travel dates, destination address, and flight information.

If you believe a trip is not in your child’s best interest, you can apply for a Prohibited Steps Order to prevent them from being taken out of the country. While the court typically encourages children to enjoy holidays with their families, each case is considered individually. Courts often support trips unless there’s a valid reason to oppose them.

Be aware that unreasonably blocking a holiday request may lead the court to impose a costs order, meaning you could be required to pay the other party’s legal fees.

If a grandparent or extended family member is planning to take your child abroad, consent must still be obtained from all individuals with parental responsibility. It’s always best to have these discussions well in advance to prevent disagreements or legal complications.

Travelling with a child who doesn’t share your surname can lead to additional checks at the border. To avoid delays, bring documents that confirm your relationship and your right to travel with the child. These may include:

• The child’s birth certificate

• Your marriage certificate (if applicable)

• Any relevant court orders

• Written consent from the other parent or guardians

Clear and early communication can help avoid stressful legal disputes.

If you’re facing difficulties agreeing on travel plans, or if you're unsure about your rights, the family law team at Haris Law Solicitors is here to help you navigate the process with confidence and care.