Holiday Nightmares – How to avoid them (Updated 2025)

With the summer holidays fast approaching, many families are planning well-earned breaks abroad or within the UK. While holidays are meant to be relaxing and fun, they can also bring unexpected complications, especially for separated parents or those travelling without clear legal arrangements in place.

Whether you’re taking children away or just making sure everything is in order before you travel, there are a few important legal things to consider that could save you a great deal of stress later on. From getting permission to travel with your child to ensuring your will is up to date, here are some key steps to take before you go.

Can one parent take a child abroad without other parents’ permission?

It is important of course to remember that, if you are a separated parent, you must seek the permission of the other parent with parental responsibility before taking your children abroad. This is true unless you have an order from the Court, which grants you this permission.

We would advise you to seek permission from the other parent sooner rather than later and have their consent in written format in order to avoid any issues if possible.

It is a common misconception that you cannot abduct your own children. If you leave the country without the consent of the other Parent then that is exactly what you are doing and is a criminal offence.

We strongly advise that once permission is obtained, then as a matter of courtesy details in respect of the length of the holiday, flight details and where the children will be staying during their holiday, are shared with the other parent to include emergency contact details.

If permission is refused, then an application to the Court may be necessary.

Have You Thought About Your Will?

While planning a holiday is an exciting time, it’s also a good opportunity to think about important legal matters such as your will. Nobody likes to consider the worst-case scenario, but having a will in place ensures that your wishes are respected and your loved ones are protected, especially if you’re travelling abroad.

Creating or updating a will before your trip can:

• Ensure your children are cared for by the person you choose, especially if you’re a single or separated parent.
• Protect your partner, especially if you’re not married or in a civil partnership.
• Provide clarity and comfort for your family during a difficult time.
• Avoid unnecessary stress, delays, or disputes over your estate.

Think of it as peace of mind not just for you, but for those you care about most.

Speak to our Expert Solicitors

If you need advice and assistance with child arrangements, obtaining travel consent, or making a will, please do not hesitate to contact our experienced team at Browell Smith & Co Solicitors. Our experts will listen to you, explain your options, and work with you toward the best possible outcome for you and your family.