Separated parents have been warned that holiday rules are not always as straightforward as they might think, with one common assumption potentially leaving them caught out. While international trips can require consent, the rules are not quite as straightforward when it comes to travelling elsewhere in the UK.
UK Travel Rules
Family lawyer Rachel Fisher, a child law solicitor at Stowe Family Law, explained that parents do not need permission to take their child on holiday within England and Wales. However, things change if the trip involves crossing into Scotland or Northern Ireland, as they are separate legal jurisdictions.
Holidays Abroad
For holidays abroad, the rules can be much more serious. If a parent has a child arrangements order stating that the child lives with them, they can generally take their child abroad for up to 28 days without the other parent's permission. But without such an order, taking a child out of the country without the consent of someone else with parental responsibility could potentially amount to child abduction.
“It is incredibly important to obtain permission to take children abroad when you don't have a child arrangements order saying the child lives with you, or if you only have an informal arrangement in place,” Rachel explained. “Failing to do so could lead to criminal charges upon your return.”
Written Consent and Information
She advises parents not to rely on a casual conversation or text message. Written permission can be particularly useful at border control, especially if the child has a different surname from the parent travelling with them. Parents should also give their ex important information about the trip, including flight details, accommodation and emergency contact information.
When the Other Parent Refuses
But what happens if the other parent simply says no? Rachel said a parent may have reasonable grounds to refuse, including concerns about the safety of the destination or the length of the proposed trip. If there is no legitimate reason for the refusal, parents can turn to mediation, ask a solicitor to negotiate or apply to court for a specific issue order.
The court's overriding concern will be the child's welfare, and Rachel said holidays will generally be viewed as beneficial for children following a separation. “The court’s primary concern is always the welfare of the child when parents separate,” she said. “When it comes to holidays abroad, children will usually want them to go ahead, and it is generally considered in their best interests to enjoy time with their parents individually after separation and build bonds and memories.”
Seek Agreement
However, she warned that legal proceedings can take time, meaning parents should avoid leaving arrangements until the last minute. Rachel's advice is to seek agreement where possible, even in situations where permission is not technically required. “It’s always best practice to seek permission from the other parent, whether or not you legally have to,” she said. “This helps to keep tensions down and means more trust between you as co-parents.”
