Holidays abroad

Yes. You must have permission from all those with parental responsibility for your child. The only exception is where the parent travelling with the child has a court order stating that the children lives with them. Under the order they can take the child abroad for up to 28 days without needing the agreement of the other parent. 

If your ex has parental responsibility and does not agree to you going on holiday or going to the country you have chosen (and you do not have a court order confirming the child lives with you) you will need to ask the court for permission to travel. This is called a specific issue order. The judge will consider whether the holiday is in the best interests of your child. In most cases, the judge will give permission for a holiday abroad if there are no concerns about child abduction.

If you have parental responsibility and there is no court order, then you can say no and stop your ex going on holiday with your children. However, you should think carefully about the reasons why you are saying no. Permission should only be withheld if you have a good reason. You might be concerned about how far they are traveling and for how long they will be gone for. The holiday might disrupt your usual pattern of contact with your children. You might be worried about the destination being safe. Whilst these are all valid concerns, many of them can be worked around. It is important for parents to discuss holiday arrangements so that any fears can be voiced and addressed.  

If you have a genuine concern that your ex is planning to take your children to another country and not bring them back to England or Wales at the end of the holiday, you should seek legal advice immediately.  

You could be asked for evidence of your permission to travel with your child and your relationship to them. Without these, you could find yourself being denied entry into a country. Check any specific requirements of the country you are going to in advance. You may need to take:  

• written consent to the trip from your ex - ideally with a copy of their passport 
• proof of your own relationship to your child, eg their birth or adoption certificates
• decree absolute or marriage certificate if your surname is different from your child’s 
• full contact details of the other parent 
• the specifics of your trip. 

It is common for parents to have different surnames to their children. However, it is also common for parents with different surnames from their children to be stopped at border control and asked to show that they are traveling legally with their children. Carrying the right documents will help you avoid serious problems such as missing a flight or being denied entry into a country. You should take:  

• your child’s birth or adoption certificate 
• proof of your name change – if your name has changed since your child was born you may also need to take documents such as a change of name deed or marriage certificate 
• an expired passport if this is in the name you held at the time of your child’s birth. 

Provided you have parental responsibility and there is no court order saying otherwise, you don’t need permission to take your child on holiday within England and Wales. Although Scotland and Ireland are part of the UK, they have separate legal systems and it would be sensible to get your ex’s agreement if you are thinking about going to either country. It is always best to try to come to an agreement together about any holidays with your ex to avoid misunderstandings and to re-arrange any regular contact arrangements.