Taking holidays abroad when you are separated from the children's other parent

Posted: 03/07/2023

It is that time of year again when parents look forward to spending holiday time with their children during their long summer break from school. However, when you are planning to go away without the children's other parent, there are some important matters to consider on top of all the other planning.

Do start planning early and let the other parent know what you are planning to do and when before you have even booked the holiday. The vast majority of separated parents are able to agree the holiday arrangements amicably each year but starting the dialogue early really helps with having an ongoing positive relationship with your co-parent. Once you have booked let them know the dates you will be away, the travel arrangements, where you will be staying, who is joining you on the holiday and the number to contact if there is an emergency.

It is not just good parenting that demands this. If you are planning to go abroad – and this includes Scotland and Ireland – you do need the other parent’s consent unless you have a child arrangements order that provides you with a lives with order. If you do have such an order, you can take your children abroad for up to 28 days, but even so it is important to provide the travel information to the other parent unless there is good reason not to do so - if, for example, this could put you or the child in danger.

If the other parent has parental responsibility then their consent to the holiday is needed. A biological mother automatically has parental responsibility as do most fathers. However, if you were not married to the father at the time that the child was born and they were not named on the child’s birth certificate, and have not acquired parental responsibility by a parental responsibility agreement or obtained a court order providing them with parental responsibility then they do not have parental responsibility.

If you are unable to agree the holiday arrangements then mediation is an ideal way to resolve these issues, and if that is not successful then arbitration will be a much faster and cost effective way to resolve the issue rather than a court application. If, however, the other parent will not agree to arbitration you can apply to the court for a specific issues order. Most judges agree that holidays are a positive experience for a child and are likely to give permission so long as there is not a genuine reason why that holiday is not in the child’s best interests. If a child has not previously stayed overnight with the other parent, or has done so seldomly, a proposed two week holiday may be considered too fast a progression for the child. A court will rarely support a holiday during term time or to countries where there is a known risk, such as countries that the Foreign Office advise travelling to.

Some countries, such as South Africa, have very strict rules regarding entry and will want to see written evidence of the other party having granted their permission to the holiday. Check the entry requirements of the country you are intending to visit and make sure you have all the required paperwork with you. Even if that country has no specific requirements, it is still sensible to have written evidence of the other parent's consent with you when you travel. If your surname is different to that of your child you may be required to produce a birth certificate or other evidence of your relationship with the child. If you do travel abroad without the other parent's consent you could face criminal charges for child abduction.

A holiday is a precious time with a child: do make sure you consider the advice above so that all goes smoothly and you and your children are able to enjoy the time together and make special memories.

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