You may be able to take your child abroad after divorce or separation, but you will usually need the permission of everyone with parental responsibility or permission from the court.
This applies whether you are planning a short holiday, visiting family or considering a longer-term move. The rules can differ depending on the arrangements already in place and whether there is a child arrangements order.
When do you need permission to take a child abroad?
GOV.UK states that you must obtain permission from everyone with parental responsibility for your child, or from the court, before taking them abroad. Taking a child abroad without the necessary permission can amount to child abduction.
Parental responsibility means having the legal rights and duties involved in a child’s upbringing. It includes decisions about a child’s home, education, medical treatment and name. A parent who does not live with their child may still have parental responsibility and should be involved in important decisions about their life.
In practical terms, it is sensible to check who has parental responsibility before making travel plans, particularly if you are separated or there has been disagreement about arrangements for your child.
What if you are taking your child on holiday?
For a short trip abroad, written consent from the other person or people with parental responsibility is usually sufficient. GOV.UK advises that the letter should include their contact details and information about the trip. You may be asked to show it at the border or if a disagreement arises.
It can also be helpful to take documents showing your relationship with the child, such as a birth or adoption certificate. If you have a different surname from your child, a divorce or marriage certificate may also be useful.
You should also check any travel requirements set by the country you are visiting, including entry rules and the age at which a person is treated as a child.
Does a child arrangements order change the position?
A child arrangements order may affect whether additional permission is needed for a short trip. If an order states that the child lives with you, GOV.UK says that you can usually take the child abroad for up to 28 days without obtaining further permission, unless the court has made an order preventing this.
This does not give unrestricted permission to travel or relocate. The terms of an existing court order, the purpose of the trip and the length of time abroad all matter. It is important to read any order carefully before making arrangements.
For more information about arrangements for children after separation, visit our child arrangements page.
What if the other parent does not agree?
If you cannot obtain the required permission, you may need to apply to the court for permission to take your child abroad. GOV.UK says that an application should include details of the proposed trip, including departure and return dates, travel arrangements and contact details for people with parental responsibility who will remain in the UK. More information may be needed for a longer trip, including details of the child’s proposed education abroad.
Where parents with parental responsibility cannot agree on a major decision, such as a move abroad, GOV.UK confirms that an application for a specific issue order or prohibited steps order may be possible. The judge will make a decision based on the child’s best interests.
The right application and approach will depend on the facts. A holiday, an extended stay and a permanent move abroad can raise different questions.
Moving abroad with your child
A proposed permanent move abroad can have a significant effect on a child’s everyday life and relationship with each parent. Alongside the legal question of permission, parents may need to think about where the child would live, schooling, healthcare, travel arrangements and how they would maintain contact with the parent remaining in the UK.
Clear information about the proposal can help identify what needs to be discussed. This may include:
- The country and area where the child would live
- Housing, education and healthcare arrangements
- The reason for the proposed move
- Travel arrangements and costs
- Time with the other parent during school holidays
- Video calls and other communication
- How decisions about the child would be made in future
Whether you are considering a move or responding to one, it is important to understand the legal position before taking action. Read more about international child relocation.
Can you stop your child being taken abroad?
If you are concerned that your child may be taken abroad without the required agreement or court permission, seek legal advice promptly. The available options will depend on matters including parental responsibility, the child’s current arrangements and whether there is an immediate concern.
In some circumstances, a prohibited steps order may be relevant. This is an order that can prevent a particular action relating to a child from being taken without the court’s permission. A specific issue order may be relevant where the court needs to decide a particular disagreement about a child’s upbringing.
If you believe that your child is in immediate danger, contact the emergency services.
Practical steps before travelling abroad with your child
- Check who has parental responsibility
Make sure you understand whether anyone else’s permission is required. - Read any existing court order
Check whether there are terms affecting travel, holidays or international relocation. - Seek written consent where needed
Keep a signed letter that includes the other person’s contact details and the details of the trip. - Prepare supporting documents
Take documents that show your relationship with your child, particularly if you have different surnames. - Do not make assumptions about a longer stay or relocation
A permanent move, or a trip that may become a longer stay, requires careful consideration of the legal and practical issues. - Get advice if there is disagreement
Early advice can help you understand the options and next steps that may be relevant to your circumstances.
How NLS can help
NLS can help parents who are considering an international move with a child or responding to a proposed move. We can explain the issues that may need to be addressed, consider the available options and help you understand the next steps.
