Travelling abroad with children after separation: top tips

1. Communication is key

First things first, you’ll need permission from anyone else with parental responsibility for your child to travel abroad without them. If you don’t get permission, you could be accused of child abduction. And when we talk about “abroad” we mean taking your child outside of England and Wales – so Scotland and Northern Ireland are abroad!

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has for a child and the child’s property. It includes making decisions about the child’s upbringing, education, and medical treatment.

Some parents will automatically get parental responsibility, for example birth mothers and fathers married to the mother at the time of the birth, as well as unmarried fathers who are registered on the child’s birth certificate. Others, for example step-parents, have to apply for it.

If the other parent objects to the holiday, you may need to apply to the court and ask a judge for permission to take your child on holiday.

If you already have a child arrangements order specifying that your child lives with you (a lives with order), you’re usually allowed to take your child out of England and Wales for up to 28 days at a time, whether or not anyone else with parental responsibility agrees. Double check what your child arrangements order says, however.

Even if you have a lives with order, it’s still a good idea to communicate your plans to the other parent. This way you can discuss any changes to the time they spend with your child. This is particularly important if you’re going on a long holiday. Providing additional information about your trip, such as who else will be joining you can also help the other parent feel more involved and informed, and less likely to unreasonably say no.

Even if you alone have parental responsibility, we’d always advise that, if there’s another parent, you still speak to them to let them know about your holiday arrangements.

2. Plan ahead

These discussions can take time, so it’s important to plan ahead, especially in case there’s a dispute. If you need to apply for a court order, make sure to leave enough time for the court to deal with your application. The court is generally in favour of children going on holidays abroad, but it’s unlikely to treat an application for a holiday as urgent. So, apply in good time to avoid disappointment and costly cancellations.

3. Check entry requirements

Different countries have different rules for traveling with children solo. Make sure to check the entry requirements for your destination in advance to avoid hold-ups at the airport. In some cases, a simple written consent from the other parent may be all that’s required, but others may need notarized consents.

4. Provide travel details

While we hope your holiday goes smoothly, it’s important to ensure that the other parent has details of your travel arrangements, including flight and accommodation information, in case of emergencies.

5. Don’t forget the passport

If you’re not the passport holder for your child, make sure to establish clear agreements about when the passport will be handed over to you for the trip and when you’ll need to return it. With these tips in mind, you’ll be well on your way to a stress-free holiday abroad. Happy travels!

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