International travel and child arrangements: what separated parents need to know before booking travel

Going on holiday is an exciting time for families, but often the thrill of planning trips can cause separated parents to overlook their legal obligations. Where conflict arises, a well-intentioned family holiday can quickly result in a costly legal dispute and missed travel if the right steps are not taken early.

Why can’t you just take your child abroad?

When parents (or other individuals) share parental responsibility for a child, neither of them can unilaterally decide to take a child abroad without the other’s consent, unless a court order says otherwise.

If this consent is not obtained prior to travel, the courts can take the matter very seriously and may deem the act of taking a child abroad to be child abduction. Child abduction is a serious criminal offence and could result in a custodial sentence of up to seven years under current legislation.

In the vast majority of cases, these issues arise not from malicious intent but from misunderstandings of legal obligations, which is why clarity of the law and communication between parents is vital.

Will I need the other parent’s consent?

In most cases, yes. To travel abroad, you will need to obtain consent from everyone with parental responsibility for the child, unless:

1. You have a Child Arrangements Order stating that the child lives with you. In this instance, you can take the child abroad for up to 28 days without consent unless the order restricts this. If the travel plans exceed 28 days, consent will be required;
2. You have a Specific Issue Order which provides permission for the trip; or
3. The court has already addressed the issue of travel in a previous order and permission was given.

If none of the above apply, written consent is essential. This consent can be agreed between the parties without court intervention and should include:

• The other parent’s full legal name and wet-ink signature (not an electronic signature);
• Confirmation that they agree to the travel, including outward and return details;
• The travel dates and destination; and
• Their contact details.

In most cases, separated parents can agree travel arrangements directly or, where communication is difficult, with the assistance of a mediator or legal representatives. Where agreement is possible, it is sensible to communicate early to avoid unnecessary tension or refusal caused by last-minute requests.

What if the other parent won’t provide consent?

Where discussions break down, the last resort is to apply to the court for a Specific Issue Order. It is important that this application is made in good time to allow the court to list hearings and to avoid travel plans being missed due to delays.

When considering such an application, the court will look at:

• The purpose of the trip;
• The destination’s safety and any travel advice;
• The length of stay;
• The impact on the child’s routine, particularly education;
• Whether the trip interferes with the other parent’s time and what proposals exist to make up that time and facilitate communication while abroad; and
• Evidence that the child will be returned to the UK.

Judges generally support reasonable holidays unless there is a genuine risk of non-return or travel to an unsafe destination.

Where travel is to a non-Hague Convention country, the court may scrutinise plans more closely and may require:

• Return flight details;
• A clear itinerary and accommodation information;
• Evidence of ties to the UK, such as schooling, home address and family connections; and
• Reassurance from the travelling parent regarding the child’s return.

This additional evidence is required because non-Hague countries may have limited legal mechanisms for returning abducted children.

When should you obtain legal advice?

While agreements can often be reached directly, legal advice is particularly important where consent is refused, withdrawn unreasonably, or there is a history of conflict or non-compliance. Advice is also recommended where a Child Arrangements Order exists but there is uncertainty as to whether it permits travel.

Legal advice is especially important where travel is proposed to a non-Hague Convention country, to understand the safeguards required or whether travel should be restricted.

How Pinney Talfourd can help

If you are planning to travel abroad with your child and are unsure about consent or your legal position, our Family Law team can provide clear, practical advice. Contact us on 01708 229 444 to arrange an initial consultation and ensure your travel plans are legally compliant.