Taking Children Abroad: The Importance of Consent

By Laura Woolard

Associate Solicitor

14 May 2025

Insights News

Under English law, taking a child abroad without the consent of all individuals who hold parental responsibility can be problematic. This issue most often arises in situations involving separated parents, where one parent wishes to take the child on holiday outside the United Kingdom. Even in amicable co-parenting arrangements, understanding and adhering to legal obligations is essential to avoid unintended legal consequences.

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has for a child. Typically, a mother automatically has parental responsibility from birth, while a father may acquire it if he is married to the mother at the time of the child’s birth, is named on the birth certificate (after 1 December 2003), or obtains it through a formal agreement or court order.

If both parents hold parental responsibility, neither can make significant decisions – such as taking the child abroad for a holiday – without the other’s consent, unless they have a specific court order allowing them to do so.

Under the Child Abduction Act 1984, it is a criminal offence for a person connected with a child under the age of 16 to take them out of the United Kingdom without the appropriate consent. This includes:

• the consent of everyone with parental responsibility;
• a court order permitting the trip; or
• in some cases, a Child Arrangements Order that includes a ‘live with’ provision.

Even when a parent has a Child Arrangements Order stating the child ‘lives with’ them, they can only take the child abroad for up to 28 days without consent. This does not override other parental rights or ongoing disputes.

The safest and most advisable method to being able to take a child abroad is to obtain written consent in good time ahead of the holiday from the parent whose consent is needed, which includes providing the dates of travel, destination, and contact details during the holiday. If that parent refuses to give consent and there is a genuine reason for the holiday, the resident parent may apply to the Family Court for a Specific Issue Order for permission to be able to take the child on the holiday.

Border officials or airlines may ask to see written consent, particularly in situations involving different surnames or high-risk travel destinations. The fact that on many an occasion they do not ask and that you are more likely than not to be able to travel with your child without being asked to provide this, does not negate the fact that consent from all individuals with parental responsibility is a legal requirement for travel.

Even well-intentioned holiday plans can escalate into complex legal issues if proper consent is not obtained. You may be refused travel if asked to prove that the parent not travelling has consented to the trip. Parents must prioritise legal compliance and respectful co-parenting to ensure that any trip abroad is both enjoyable and lawful. When in doubt, seeking legal advice or court guidance in good time before the anticipated dates of travel is always the safest route.

If you would like to find out more, please contact our Family team here. They would be happy to discuss the contents of this article and any relating questions you may have.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.