Travelling Abroad With Children

Our Expert Family Law solicitors can help you understand your legal responsibilities when travelling abroad with your child and resolve disputes over permission to travel.

International Child Law Solicitors

Planning a holiday abroad should be an exciting experience, but for separated parents there can be important legal considerations before travelling with a child. Whether you need the other parent’s permission, or the permission of the court, will depend on your individual circumstances and any court orders already in place.

Understanding your legal responsibilities before you travel can help avoid unnecessary disputes and ensure your holiday plans are not disrupted. We provide practical advice on travelling abroad with children and can help resolve disagreements where they arise.

Can I Take My Child Abroad?

In many cases, you will need the consent of everyone who has parental responsibility before taking a child abroad, even if it is only for a short holiday.

However, there are exceptions. For example, if a Child Arrangements Order states that a child lives with you, you can usually take them abroad for up to 28 days without the consent of the other parent, unless the court order says otherwise.

If you are unsure whether permission is required, it is important to seek legal advice before making travel arrangements.

What If the Other Parent Refuses Permission?

Disagreements about foreign travel are not uncommon following a separation. If one parent refuses permission for a child to travel abroad, it may still be possible to apply to the court for gain permission.

The court will always consider what is in the child’s best interests. Factors may include:

The purpose and length of the trip
The child’s welfare and safety
Whether the holiday will affect school attendance
The child’s relationship with both parents
Whether there is any concern that the child may not be returned to England and Wales

Many disputes can be resolved through discussion or mediation, avoiding the need for court proceedings.

What Documents Do I Need?

Depending on your circumstances, you may be asked to provide evidence that you have permission to travel with your child.

This could include:

Written consent from the other parent or anyone else with parental responsibility
A copy of a Child Arrangements Order
The child’s birth certificate, where appropriate
Details of your travel arrangements

Requirements can vary depending on the country you are visiting, so it is sensible to check the relevant travel guidance before you leave.

Practical Advice When You Need It Most

If you need advice about taking your child abroad, obtaining permission from the court or resolving a dispute with the other parent, our experienced Family Law team is here to help.

We advise on all aspects of child law, including Child Arrangements Orders, parental responsibility and other issues affecting children following separation.

To discuss travelling abroad with your child or any other family law matter, contact Bridge McFarland’s Family Law team today. Call us on 0800 987 8800 or email enquiries@bmcf.co.uk.

Find a Family Solicitor Near You

Read our Child Law FAQs

Frequently Asked Questions about Child Law

How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.

If your ex has parental responsibility, you cannot generally stop them from seeing your child without a Court Order in place. An exception to this would be if there are serious concerns about the child’s welfare or safety in which case, you should seek legal advice. If they don’t have parental responsibility, they do not have an automatic right to have contact with your child and would need to get a Court Order to do so if you don’t agree.

A Prohibited Steps Order is a court order which prevents a parent or guardian from taking specific actions regarding a child without the court’s permission. Examples include taking a child abroad and removing a child from school.

A Child Arrangements Order sets out where a child will live, who they will spend time with, and how contact will take place after parents separate or divorce. You might need a Child Arrangements Order if there is a disagreement between parents about where a child will live or when, where and how often contact can take place.

A Child Protection Plan is a plan put in place by the Local Authority to set out the action which is needed to reduce your child/children suffering harm. Under this plan a social worker is allocated to you and your family and regular meetings will take place (at least every 4 weeks) to review the plan and the progress which has been made.

This is a package of support which is put in place to provide extra support for your child/children and your family to address any areas of need and risk assessed by a Social Worker.

This is for families who might need a little extra support and is a group of people (including professionals, e.g; health visitors / social workers / teachers etc) who will work together to support you and your child/children to prevent any concerns increasing.