Can I Take My Child Abroad on Holiday Without the Other Parent’s Permission?

Created: 20 August 2026

With the summer holidays in full swing, many separated parents would have been making plans to take their children abroad. For families who have separated amicably, agreeing holiday arrangements may be straightforward. But where communication between parents has broken down, or one parent objects to the proposed trip, questions can quickly arise about whether permission is required.

A common misconception is that, if there is no court order in place, a parent is automatically free to take their child abroad. This is not necessarily the case.

Do I need the other parent's permission?

If another person has parental responsibility for the child, their permission will generally be required before the child is taken outside the UK, unless a court order provides otherwise.

Parental responsibility refers to the legal rights and responsibilities a person has regarding a child and their upbringing. The child's mother will normally have parental responsibility. At the same time, a father may also have it depending on the circumstances, including whether the parents were married or whether the father is named on the birth certificate.

GOV.UK guidance confirms that permission must be obtained from everyone with parental responsibility, or from the court, before taking a child abroad. This means that the absence of a Child Arrangements Order does not, in itself, remove the need to obtain the appropriate consent.

What if there is no Child Arrangements Order?

A Child Arrangements Order determines arrangements for where a child lives and whom they spend time with. However, parents can and frequently do make arrangements between themselves without the need for a court order.

If there is no order in place, this does not mean that one parent has unrestricted authority to take the child abroad if the other parent has parental responsibility.

Where both parents have parental responsibility, the safest approach is to discuss the holiday in advance and obtain clear consent. In many cases, a simple written letter or message confirming consent will be sufficient. GOV.UK recommends that a permission letter includes details such as the dates of travel, destination and contact details for the person with parental responsibility who is remaining in the UK.

It is also sensible to provide the other parent with details of flights, accommodation and an emergency contact number. This can help avoid misunderstandings and provide reassurance, particularly where the parents are no longer together.

What happens if the other parent refuses permission?

The position becomes more complicated where one parent objects to the holiday.

A parent should not simply assume that they can proceed with the trip because there is no court order preventing them from doing so. Taking a child outside the UK without the necessary consent can amount to child abduction under UK law.

If agreement cannot be reached, an application can be made to the family court for permission to take the child abroad. Depending on the circumstances, the court may be asked to determine whether the proposed holiday should go ahead. A court can also make a Prohibited Steps Order restricting a parent from taking a child abroad without the court's permission.

The court's primary consideration will be the child's welfare. It will look at the individual circumstances of the case rather than simply deciding which parent's wishes should prevail.

What information might the court consider?

If an application is necessary, the court is likely to want clear information about the proposed holiday. This could include:

-where the child is going; -the dates of departure and return; -where the child will be staying; -who will be travelling with the child; -arrangements for the child's education, where relevant; -how the child will maintain contact with the parent remaining in the UK; and -whether there are any concerns about the child being kept abroad beyond the agreed holiday period.

The destination may also be relevant. For example, the court may take a different view where there are concerns about political instability, safety, or if it could be difficult to secure the child's return to the UK.

Equally, a straightforward family holiday with clear return arrangements may be viewed very differently from a proposal involving an extended stay overseas or a destination with which the travelling parent has strong connections.

What if there is already a Child Arrangements Order?

If there is a Child Arrangements Order, it is important to read the precise terms of the order. There is a specific exception where a Child Arrangements Order states that a child is to live with a particular parent. That parent can generally take the child abroad for up to 28 days without obtaining permission from the other parent, unless a court order provides otherwise.

However, this should not be assumed to apply in every situation. The wording of the order matters, and a parent must not breach any other provisions contained within it. Where an existing order sets out specific arrangements for holidays, contact or travel, those provisions should be followed carefully.

What if the other parent simply will not respond?

A lack of response can be particularly frustrating when flights and accommodation have already been booked. Parents should avoid treating silence as automatic consent. If permission is required, it is better to make reasonable attempts to obtain clear agreement and keep a record of those attempts.

If the issue cannot be resolved, legal advice should be sought promptly. Court proceedings can take time, and leaving the issue until immediately before the planned departure may create unnecessary pressure.

Planning ahead can prevent conflict

For separated parents, agreeing holiday arrangements well in advance can avoid many of the disputes that arise during the summer.

A written parenting agreement can set out expectations around holidays, including how much notice should be given, how travel information should be shared and how the child's time should be divided between parents. When parents communicate constructively, it can be considerably simpler and less stressful than asking the court to intervene.

However, where agreement is not possible, it is important to understand that the absence of a court order does not necessarily mean that either parent can make unilateral decisions about taking a child abroad.

If you are separated and planning to take your child overseas, or if you are concerned that your child may be taken abroad without your agreement, taking early legal advice can help clarify your rights and the options available to you.