Taking your child abroad after separation: what you need to know this summer

With the summer holidays fast approaching, many separated parents are turning their minds to travel plans and the legal considerations that come with taking children abroad.

In a recent episode of Family Matters, our Family Law podcast, Hereford-based Family Law Partner, Chris Finch and Hannah Nicholls explored the key issues that separated parents should be aware of when arranging foreign travel with their children.

Two starting points

The legal position on taking a child abroad after separation broadly falls into two categories: situations where a child arrangements order is already in place, and those where there is no court order at all.

Where a child arrangements order names the person with whom the child is to live, that parent may take the child outside the United Kingdom for up to 28 days without needing the other parent’s consent, provided the order does not impose specific restrictions. However, for trips exceeding 28 days, the consent of every person with parental responsibility or the permission of the court is required.

Where no child arrangements order exists, the position is less straightforward. In those circumstances, a parent wishing to take a child abroad should obtain the consent of everyone with parental responsibility. Travelling without that consent could, in certain circumstances, amount to an offence under the Child Abduction Act 1984.

Practical steps to avoid disputes

Holiday disagreements are among the most common flashpoints for separated families, but many disputes can be avoided with sensible forward planning.

Here are some practical steps to consider:

• Communicate early. Raise proposed travel plans with the other parent well in advance. Providing full details of the destination, accommodation, travel dates, and contact arrangements can go a long way towards securing agreement.
• Put it in writing. Where consent is given, it is good practice to record it in writing whether by email, text message, or a signed letter. This can be invaluable if a dispute arises later.
• Check passport arrangements. Ensure your child’s passport is valid and accessible. Disagreements over who holds the passport are common, and resolving this early can prevent last-minute difficulties.
• Consider a specific issue order. If agreement cannot be reached, it is possible to apply to the court for a specific issue order authorising the trip. The court will consider what is in the child’s best interests, taking into account factors such as the destination, duration, and the child’s relationship with both parents.

What if you have concerns?

If you are the parent who has not been consulted, or you have concerns about a proposed trip – for example, worries about the child not being returned – there are steps you can take. A prohibited steps order can prevent a child from being removed from the jurisdiction without the court’s permission. In urgent cases, the court can deal with applications at very short notice.

It is also worth noting that for travel to certain destinations, particularly countries that are not signatories to the Hague Convention on International Child Abduction, the courts may scrutinise proposed arrangements more closely.

Plan ahead

The key message is that early planning and open communication can prevent many of the difficulties that arise around holiday travel. Where agreement proves impossible, legal remedies are available but seeking advice sooner rather than later will always put you in a stronger position. Chris and Hannah covered this topic in more detail in Series 1, Episode 6 of Family Matters – “Taking your child abroad after separation”. If you would like to hear the full discussion, including further practical tips and common scenarios seen in practice, you can find the episode on Apple Podcasts and all major podcast platforms. Subscribe to stay up to date with the latest topics from the Family Law team.