Travelling Abroad with Your Child After Divorce: Legal and Practical Advice

Created: 24 July 2025

For separated or divorced parents, planning an overseas trip with their child/ren can be more challenging than expected. Taking your child/ren on holiday after a divorce comes with several legal responsibilities that require addressing before travelling overseas.

Under the law in England and Wales, anyone with parental responsibility must agree to the child/ren being taken out of the country. Without a Child Arrangement Order stating that your child/ren live with you, you require written permission from all with parental responsibility before taking your child/ren abroad. This applies to those who were previously married to the other parent or not. Without consent, you could face being accused of child abduction.

Whilst mothers automatically have parental responsibility, fathers typically gain it if married to the mother at the time of the child’s birth, subsequently marry the mother or are named on the birth certificate. In most cases, this means both parents must agree before any international travel happens.

A signed letter of consent from the non-travelling parent is one of the most important documents to carry. This letter should clearly state that the non-travelling parent has given permission for the child to travel abroad and should include both parents’ contact details, the travel dates, and where the child will be staying. If the child has a different surname from the travelling parent, the letter should also clarify this to prevent confusion during border checks.

It is possible that officials could request proof of your relationship to the child when travelling, especially if surnames don't match. Carrying a copy of your marriage certificate or divorce order will be helpful in this case, especially if your name has changed due to re-marriage, separation or by way of a Change of Name Deed.

In some cases, one parent may not be able, or willing, to provide their consent, meaning a court order may be required to legally authorise travel. Parents must take the necessary steps at an early stage, as applying for an urgent court order takes time to process. Such applications can take a number of weeks, so it is advisable to act well in advance of any proposed trip abroad. If you are granted permission through the courts, you’ll need to carry a sealed copy of the order with you during travel. Failing to have this copy could mean being turned away at the airport.

Another important but often overlooked detail is the age of legal adulthood in your destination country. Whilst the UK recognises adulthood at 18, this can vary internationally. Always check the specific requirements of the country you are visiting to ensure compliance.

Travelling with a child post-divorce or separation can feel daunting, but being well-prepared with the right paperwork and communicating your plans can prevent unnecessary stress, maintain trust, and eliminate any potential legal issues arising.

When to seek legal advice?

Planning a holiday with your child after a divorce does not need to be challenging. If you are encountering difficulties with your ex-partner or are uncertain about your legal position, seeking advice from a family law solicitor is a sensible first step.

Our knowledgeable and experienced team is here to guide you through your rights and responsibilities, assist with any required court applications, and help ensure your travel plans are fully compliant with the law.

Contact : enquiries@avenuesolicitors.com Telephone : 020 3540 7665