June 25, 2026
Summer is coming, and for separated parents, holiday planning can quickly get complicated. Before you book anything, here is what the law says about taking your children abroad.
Do you need permission to take your child abroad after separation?
Yes, in most cases. If both parents share parental responsibility, you need the other parent’s written consent before taking your child out of the UK, even for a short trip.
The one exception: if you have a Child Arrangements Order that says your child lives with you, you can travel abroad for up to 28 days without needing consent, unless the order says otherwise.
Taking a child abroad without permission, or a court order allowing it, can be treated as child abduction. That is a criminal offence, and is treated seriously regardless of your intentions.
What if your ex won’t agree to the holiday?
If you cannot get consent from the child’s other parent, you will need to apply to the Family Court for a Specific Issue Order. The court will look at whether the trip is in your child’s best interests, taking into account things like the destination, duration, whether it affects the child’s relationship with the other parent, and any safety concerns.
Don’t leave this to the last minute. Court applications take time, and if there is any chance of a dispute, raising it early gives you far more options.
How to stop your ex taking your child abroad
If you are worried the other parent might take your child abroad without your consent, you can apply for a Prohibited Steps Order to prevent it. In urgent cases, the court can also require a passport to be surrendered, or issue a port alert, which flags the child’s passport at UK departure points and prevents removal from the country.
What to carry when you travel
Even where you have consent, border officials can, and do, ask questions, especially if your surname differs from your child’s. It’s worth travelling with:
- A signed written consent letter from the other parent, including the child’s full name, date of birth, passport number, destination, and travel dates
- A copy of the child’s birth certificate
- A copy of any Child Arrangements Order, if one exists
- Your marriage or divorce order, if your name has changed
- Any change of name documents, such as a Statutory Declaration or Deed Poll
Travelling with a different surname to your child
This is more common than people think with remarried parents, unmarried parents, step-parents, and it can cause delays at border control. Officials have a duty to safeguard children, so a surname mismatch may trigger additional questions. Carrying a birth certificate is the simplest way to confirm the relationship.
Need advice about travelling abroad with your children?
Every family situation is different, and disagreements over holidays can quickly become stressful if they are not handled correctly. Our family law team can provide clear, practical advice.
Contact Bates Wells & Braithwaite today to speak with one of our experienced family solicitors in Ipswich or Hadleigh.