Parental permission for foreign travel
Do I need the other parent's permission to take my child on holiday abroad?
If there is no court order in place saying that your child is to live with you, then you need the other parent's permission before taking your child abroad on holiday. If they refuse permission and you think this is unreasonable, you can apply to court for a specific issue order. This is a court order which makes a decision about a specific issue that has arisen in relation to the upbringing of a child, which could include whether they should go on a specific holiday (see also How do we make decisions about schooling and other important things now that we are separated?).
If there is a court order in place saying that your child is to live with you, then the default position (unless stated otherwise in the order) is that you can take your child abroad for up to 28 days without the permission of the other parent. However, it is usually a very good idea, and is likely to promote a positive co-parenting relationship, if you check with the other parent that your plans do not unduly interfere with any plans that they might have before making a booking.
If you take your child abroad without the other parent's permission where that permission is needed, then that would be a 'wrongful removal' (i.e. a child abduction) and the other parent would be able to bring a court application for the child to be returned to where they live.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
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