Can I take my child abroad on holiday without the permission of the other parent?

Taking a child abroad on holiday when parents are separated is subject to clear legal rules under the Children Act 1989. Here's a breakdown of what you need to know:

Does the Parent Have Parental Responsibility?

Parental responsibility (PR) means having legal rights and duties towards the child. In general mothers automatically have PR and fathers have PR if they were married to the mother when the child was born, or are named on the birth certificate (after 1 Dec 2003 in England and Wales). Others (like step-parents or grandparents) may have PR if granted by court order.

Only parents (or others with PR) can legally make decisions about taking a child abroad.

What the Law Says About Holidays Abroad

If there is a Child Arrangements Order (CAO) the parent with whom the child lives, under the terms of a CAO, can take the child abroad for a period of less than 1 month without needing the other parent's consent, unless the court order says otherwise.

If the child is not ‘living with’ either parent under a CAO, then both parents with PR must consent to the child being taken abroad.

If there is no court order in place:

• You must have the consent of everyone with parental responsibility to take the child abroad, even for a short holiday.
• Taking a child abroad without consent from all with PR could be considered child abduction, which is a criminal offence.

What Is Considered ‘Abroad’?

‘Abroad’ means outside the UK. Travel within the UK (e.g., from England to Scotland) does not require consent, unless specifically restricted by a court order.

What If One Parent Objects?

If you cannot get the other parent’s consent, you can:

• Apply to the court for a Specific Issue Order allowing the holiday.
• The court will decide based on the child’s best interests.
• If you fear the child may be taken abroad without your agreement, you can apply for a Prohibited Steps Order to stop it.

What Information Should Be Shared?

Even when consent is given, it’s good practice to provide:

• Dates of travel
• Flight and accommodation details
• Emergency contact information
• An itinerary if relevant (especially for longer trips)

Practical Tips for Parents

• Get consent in writing, ideally with signed confirmation or email.
• If applying to court, allow several months for the process—especially during peak holiday seasons.
• Keep the focus on the child’s benefit and wellbeing when discussing travel plans.