Law Articles

Planning a Holiday Abroad with Your Child After Separation? Know the Law First 06/06/2025

When separated or divorced parents in England and Wales wish to take their children on holiday abroad, the law provides a clear framework designed to protect the welfare of the child while respecting the rights of both parents. Whether or not there is a formal child arrangements order (CAO) in place, parents must follow certain legal steps to ensure that international travel with their children is lawful and appropriate.

Under English law, both parents with parental responsibility have an equal say in major decisions affecting their children, including international travel. A parent does not have an automatic or unilateral right to take a child abroad without the other parent's consent unless they have specific legal authority to do so.

If a parent takes a child abroad without either the other parent’s consent or a court’s permission, it may be considered child abduction under the Child Abduction Act 1984. Therefore, it is crucial to understand the legal requirements before making travel arrangements.

If there is no Child Arrangements Order (CAO) in place stating that the child lives with the parent intending to take them abroad, the consent of all individuals with parental responsibility is required for any overseas travel, regardless of the duration. If consent cannot be obtained, the travelling parent must apply to the Family Court for a Specific Issue Order under section 8 of the Children Act 1989 to seek permission.

However, if a CAO is in place that specifies the child lives with the parent wishing to travel, that parent is legally permitted to take the child abroad for up to 28 days without needing the consent of the other parent or court approval, provided there is no Prohibited Steps Order in place that restricts such travel. For trips exceeding 28 days, court permission is still required.

If the non-travelling parent is concerned about the child being taken abroad, particularly where there is a risk of abduction or a lack of assurance that the child will return, they may apply to the court for a Prohibited Steps Order (PSO). A PSO can prevent the other parent from taking the child out of the country or impose certain conditions on travel.

The court's focus in these matters is the welfare of the child, as outlined in section 1 of the Children Act 1989. In determining what is in the child’s best interests, the court refers to the welfare checklist in section 1(3), considering factors such as the child’s needs, their wishes and feelings (in accordance with their age and understanding), the likely effect of any change, and any risk of harm.

Where court permission is sought to take a child abroad, the parent applying must demonstrate that the proposed travel is in the child’s best interests. The court will evaluate:

• The purpose of the trip (e.g., holiday, family visit, cultural exposure)
• The destination and duration
• The arrangements for the child’s return
• Any objections raised by the other parent
• The potential risks, including political instability or legal challenges in the destination country

An example of the court balancing these factors is found in AB v TB, where the court allowed the children to travel to Jordan for a holiday, but only after implementing safeguards, including a declaration of the children’s habitual residence and a financial bond to ensure their return.

Greater caution is exercised when the proposed destination is a non-signatory to the Hague Convention on the Civil Aspects of International Child Abduction. In such cases, the UK courts cannot rely on international mechanisms to secure the child's return if an abduction occurs.

In M v F (Travel to Non-Convention Country), the court permitted travel to Iran but required strict undertakings, including a financial bond and a notarised declaration guaranteeing the child’s return. These safeguards are especially important in jurisdictions where UK court orders may not be recognised or enforced.

When granting permission for overseas travel, the court may impose various conditions to protect the child's welfare and provide assurance to the non-travelling parent. These conditions may include:

• Requiring the surrender of passports to a third party
• Mandating the return of the child by a specified date
• Obtaining mirror orders in the destination country, where a foreign court replicates the UK order and assumes jurisdiction
• Providing full contact details and travel itineraries

In Re C-W (A Child), the Court of Appeal allowed travel to Florida, contingent upon an American attorney holding the child's passport and the obtaining of a mirror order in Florida to secure the child's return.

Every case is fact-specific. The court assesses the risk of abduction, the credibility of the travelling parent, and the child’s individual circumstances. In K v K, the court allowed travel to Nigeria without requiring a bond, concluding that the risk of abduction was “vanishingly small” and that the mother’s evidence was trustworthy. This case illustrates the court’s discretion and its reliance on a balanced assessment of risk and intention.

Parents considering taking their child abroad after separation should:

1. Obtain written consent from the other parent well in advance of travel.
2. Ensure all travel documents are valid and accessible to both parents.
3. Seek legal advice if there is any doubt or if the other parent withholds consent.
4. Apply to the court as early as possible if permission is needed.
5. Be prepared to propose safeguards that address any concerns raised by the other parent or the court.

International travel with children after separation is a sensitive issue that requires careful legal planning and consideration. The overriding principle is always the welfare of the child, and the courts take a measured approach that balances parental rights with the need to protect children from harm, including the risk of abduction.

For separated parents in England and Wales, understanding their rights and obligations is crucial. By securing the necessary permissions and cooperating where possible, parents can help ensure that holidays abroad are not only enjoyable but legally sound.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation.