If you are separated from your child’s other parent, it is natural to worry about whether they can take your child abroad without your agreement. Questions of whether your ex can take your child abroad will often arise around school holidays or when travel plans are made without clear communication.

In England and Wales, the answer depends on parental responsibility and whether the necessary permission has been obtained from everyone who holds it. Taking a child out of the country without the required consent can have serious legal consequences and may, in some circumstances, be classified as child abduction.

This guide will explain when permission is needed to take a child abroad, what rights each parent has, and the steps you can take if you are concerned about an ex-partner taking your child overseas. It also sets out when court orders may be required and how a family law solicitor can help protect your child’s welfare and your legal rights.

If you need advice specific to your situation, JMW’s family law solicitors can provide clear guidance and take swift action where necessary.

Parental Responsibility and Permission Requirements

To understand whether your ex-partner can take your child abroad, the starting point is to determine who has parental responsibility for your child. Parental responsibility refers to the legal rights and duties a parent has in relation to a child, including decisions about travel, education, medical treatment and upbringing.

In England and Wales, a child’s birth mother automatically has parental responsibility. A child’s biological father will also have parental responsibility if he was married to or in a civil partnership with the birth mother at the time of the child’s birth, or if he is named on the birth certificate. Parental responsibility can also be acquired through a parental responsibility agreement or a court order.

Where more than one person has parental responsibility, permission from everyone who holds it is required before a child can be taken abroad. This applies regardless of how involved each parent is in the child’s life or how long the trip is intended to last. Even a short holiday abroad requires consent.

If your ex-partner takes your child out of the country without the agreement of all those with parental responsibility, this may be considered child abduction under the Child Abduction Act. This can carry serious legal consequences, even where the parent travelling with the child believes they are acting in good faith.

There is one common exception: if a child arrangements order states that the child lives with one parent, that parent is usually permitted to take the child abroad for up to 28 days without needing the other parent’s consent, unless a court order specifically says otherwise. This is designed to allow holidays and short trips, but it does not apply to longer stays or relocation abroad.

If you are unsure about who has parental responsibility, or whether an existing court order allows travel, it is sensible to seek legal advice before any arrangements are made. This can help avoid disputes, prevent misunderstandings at border control, and protect your child’s welfare.

Can My Ex Take My Child on Holiday Without My Permission?

In most situations, permission will be needed before a child can be taken out of the country. If your ex is planning to take your child abroad on holiday, they must usually have the consent of everyone with parental responsibility, unless a child arrangements order allows travel without permission for a limited period.

Even where a parent has regular contact or the child lives with them for part of the time, this does not remove the need for consent. The same rules apply to short trips during school holidays as they do to longer stays. Without the other parent’s permission, taking a child abroad may still be treated as child abduction.

For longer trips, repeated travel or plans to live abroad, consent is always required. Relocating a child to another country is considered a major decision affecting the child’s upbringing, relationships and wellbeing. If both parents do not agree, the matter must be decided by the family court.

The key factor is not the length or purpose of the trip, but whether the correct permissions are in place. Airlines and border officials may ask to see written consent, details of travel arrangements and evidence of parental responsibility, such as a birth certificate.

Where there is disagreement or uncertainty, it is sensible to address this early. Seeking legal advice can help clarify your position, reduce the risk of last-minute disruption to holiday plans, and protect your child from being taken abroad without proper authorisation.

How to Get Permission from the Other Parent

Where both parents agree to a child travelling abroad, permission is usually given in writing. Written consent helps avoid misunderstandings and can be shown to airlines, border control officials or foreign authorities if questions arise about the child’s travel arrangements.

Consent does not need to follow a specific legal format, but it should be clear, detailed and agreed in advance of the trip. A brief email may be sufficient in some situations, but a signed letter is often preferable, particularly where there has been previous disagreement between separated parents.

A written consent letter should usually include:

• Details of the trip: the destination, travel dates, flight information and where the child will be staying.
• The child’s details: full name, date of birth and passport details.
• Details of the travelling parent: including contact information while abroad.
• Confirmation of consent: a clear statement that the other parent agrees to the child being taken abroad for the specified trip.
• Supporting documents: it can be sensible to carry copies of the child’s birth certificate and any child arrangements order, particularly if surnames differ. If you have a different surname from your child and are wondering how this affects travelling abroad, our Q&A on travelling abroad with different surnames may help.

Having written consent does not only protect the travelling parent. It also reassures the other parent that the trip is transparent, time-limited and planned with the child’s welfare in mind. Clear communication can often prevent disputes escalating into formal legal action.

If your ex refuses to give consent, or only agrees on certain conditions, it may still be possible to resolve matters without going to court. Mediation or solicitor-led discussions can help parents reach a mutually agreeable solution that avoids disrupting holiday arrangements or damaging co-parenting relationships.

If agreement cannot be reached and time is limited, the next step may be to apply to the family court for permission.

Applying to Court for Permission

If your ex refuses consent and the issue cannot be resolved through discussion or mediation, you may need to apply to the family court for permission to take your child abroad. This is done by applying for a specific issue order, which allows the court to decide a particular dispute relating to a child - in this case, international travel.

When considering an application, the court’s paramount consideration is always the child’s welfare. The court will not focus on parental disagreements, but on whether the proposed trip is in the child’s best interests and whether appropriate safeguards are in place.

In practice, the court will usually want to understand:

• The purpose of the trip: for example, a short holiday, visiting family, or a special occasion.
• The duration of travel: short, clearly defined trips are more likely to be approved than open-ended arrangements.
• The child’s routine: including schooling, contact arrangements and any impact on their stability.
• The child’s relationship with the other parent: and how contact will be maintained while abroad.
• The risk of non-return: including any history of disputes, overseas connections, or concerns about child abduction.

Where there are no safeguarding concerns and the trip is well planned, the court will often grant permission. However, each case turns on its own facts, and outcomes can vary depending on the child’s age, circumstances and family dynamics.

Can I Stop My Ex Taking My Child Abroad?

If you are worried that your ex may take your child abroad without permission, you should seek legal advice urgently. It is generally easier to prevent unauthorised travel than to deal with the consequences after a child has left the country.

Depending on the circumstances, the court may be able to make a prohibited steps order, preventing your ex from removing the child from England and Wales. In more urgent cases, additional protective steps can be taken, such as placing alerts on a child’s passport.

If a child is taken abroad without the required consent, this may amount to child abduction, which can have serious legal consequences. Immediate action is usually required, including contacting the police and taking specialist legal advice. International conventions, such as the Hague Convention on Child Abduction, may assist in securing a child’s return, but outcomes depend on the country involved and the speed of the response.