Quick guide: everything separated parents need to know about holiday rights

With the holidays approaching, a trip abroad with the children could well be on the cards, but for divorced or separated parents, there is a number of important things to consider before booking and heading off to the airport.

If you are thinking about taking your child abroad:

• You must get permission for the trip from everyone with parental responsibility for your child, which in most cases is the other parent.
• You should give full details of the trip to the other parent including travel dates, flight details and where you will be staying, and ask them to consent in writing to the holiday.
• You should ensure your child has sufficient medical insurance cover, and you have their doctor’s contact details.
• If your child does not share your surname, then you will need to carry the child’s birth certificate, child arrangements order or a permission letter from the other parent.

Failure to seek permission from the other parent before taking your child abroad is considered a serious offence, and you could face criminal charges.

The only circumstances where permission is not needed are:

• When only one parent has parental responsibility.
• When there is a Child Arrangement Order in place which provides for the child to live with one parent. That parent can take the child on holiday for up to 28 days without consent from the other parent.
• If grandparents or third parties have a Child Arrangement or Special Guardianship Order.

What happens if the other parent won’t give permission?

If the other parent is unwilling to give permission for you to travel abroad with your child/children, you will need to make an application to the court for a “Specific Issue Order” granting permission to take the child on holiday. The court is likely to consider it is in the child’s best interests for the child to be able to travel, unless there are safeguarding issues or other concerns or risks that need to be considered.

Here to help

If you require legal advice regarding holiday arrangements for your child, then please get in touch with our family team.