Do I need my ex-partner’s permission to take the children on holiday?

To take a child on holiday without the other parent, you generally need written consent from everyone with parental responsibility (PR) or a court order, as taking a child abroad without permission can be child abduction, a criminal offence, unless you have a Child Arrangements Order (CAO) stating the child lives with you, allowing up to 28 days abroad without consent. If consent is refused, you will need to apply to the court for a Specific Issue Order to decide if the trip is in the child’s best interest, providing details like dates, destination, and contact information.

Key Requirements & Situations

• No Court Order/No Child Arrangements Order: You must get written permission from all parties with parental responsibility for any trip abroad.
• Child Arrangements Order (Lives With): If a CAO states the child lives with you, you can take them abroad for up to 28 days without the other parent’s consent, unless the order says otherwise.
• Domestic Holidays: You generally don’t need permission for holidays within England & Wales, but if it disrupts agreed contact, you need consent or a court order (Specific Issue Order).

What to Do if You Don’t Have Consent

• Get Written Permission: A letter from the other parent is usually sufficient, including their contact details, trip dates, and destination.
• Apply for a Court Order: If consent is refused, apply for a Specific Issue Order to get court approval for the holiday.
• Provide Trip Details: Courts need to know the travel arrangements, accommodation, and contact numbers.

Risks of Not Getting Permission

• Child Abduction: Taking a child abroad without consent can lead to criminal charges.
• Court Sanctions: It can severely damage your credibility in future court proceedings.
• Police & Airport Alerts: International alerts can be issued.

If a court application is necessary, then it is always better to issue the application as soon as possible as it can take some time for the courts to process and it is likely you will need more than one hearing if you cannot reach agreement.

If you require any assistance or are unsure about your position with regard to taking your child/ren on holiday, please do get in touch with our Family team on 01708 784000 who will be happy to help you.

Jenny Waite

Family Law Associate