Planning a holiday abroad with your child can be exciting - but for separated parents, it often raises an important question: do you need the other parent’s consent?
The general rule
In England and Wales, you must have permission from everyone with parental responsibility before taking a child abroad.
Those with parental responsibility usually includes:
The mother
The father (if named on the child’s birth certificate or married to the mother at the time of birth)
Guardians or others granted parental responsibility by the court
When permission is not required
You do not need consent if:
You have a Child Arrangements Order stating the child lives with you
In this case, you can take the child abroad for up to 28 days, unless the court order says otherwise.
Even so, it is good practice to:
Inform the other parent in advance
Provide travel details (dates, destination, contact information)
If the other parent refuses permission
If consent is refused, you must not take the child abroad without a court order.
You can apply for:
A Specific Issue Order, asking the court to allow the trip
The court will consider:
The purpose and duration of the holiday
The child’s welfare and safety
Whether there is a risk of the child not being returned
If you cannot contact the other parent
This is a common and more complex situation.
If the other parent’s whereabouts are unknown or they cannot be contacted, you should:
Make reasonable efforts to locate them (for example, through last known contact details, relatives, or mutual connections)
Keep a record of those attempts
If contact still cannot be established, you should apply to the court for:
A Specific Issue Order permitting the holiday
The court may:
Allow the trip if satisfied that sufficient efforts have been made
Consider the child’s best interests and any potential risks
Taking a child abroad without consent or a court order - even where the other parent is absent - can be treated as child abduction, so legal advice is essential.
