My Ex Won’t Let Me Take the Children Abroad on Holiday – Is There Anything I Can Do?

For separated parents, arranging holidays abroad with children can sometimes become a source of disagreement and conflict. It is not unusual for one parent to want to take the children on holiday overseas while the other refuses permission.

This can be frustrating and upsetting, particularly where holidays have already been planned or booked. However, it is important to understand the legal position before making any travel arrangements.

Rules for taking children abroad

In England and Wales, if both parents have parental responsibility, one parent cannot usually take a child abroad without the consent of the other person with parental responsibility unless there is a court order allowing it. This applies even where the trip is only for a short holiday.

If a child is taken abroad without the required consent, this can potentially amount to child abduction under English law, even where the travelling parent had no harmful intentions. It is therefore extremely important not to proceed without proper agreement or legal advice.

Handling disputes

In many cases, disputes arise because one parent is worried about practical issues such as safety, travel arrangements, communication during the holiday, or concerns that the child may not be returned to England. Sometimes the refusal may simply stem from ongoing tensions following separation.

Where possible, parents should try to resolve matters cooperatively. Providing clear information about the holiday can often help reassure the other parent. This may include flight details, accommodation information, travel insurance, contact details, and confirmation of return dates.

Open communication can sometimes avoid unnecessary conflict and court proceedings.

Mediation and next steps

If agreement still cannot be reached, mediation may help parents discuss concerns in a structured and neutral environment.

Where this is unsuccessful, it may be necessary to apply to the Family Court for permission to take the child abroad. The court will focus entirely on the child’s welfare and best interests when making its decision.

The court will usually consider factors such as:

• The purpose and length of the holiday;
• The destination and travel arrangements;
• The child’s age and wishes;
• Any safeguarding concerns;
• The impact on the child’s relationship with the other parent; and
• Whether there is any genuine risk of the child not being returned.

In many cases involving genuine holidays, the court is supportive of children having the opportunity to travel and spend quality time with a parent, provided appropriate safeguards are in place.

Importantly, if there is already a Child Arrangements Order stating that the child “lives with” one parent, that parent may usually take the child abroad for up to 28 days without needing further consent, unless the order says otherwise. However, legal advice should still be obtained before travelling.

Understanding your rights via legal advice

Disagreements about holidays can quickly become emotionally charged following separation. Seeking early legal advice can help parents understand their rights, avoid unnecessary conflict, and focus on achieving arrangements that are in the best interests of the children.

If you find yourself in this situation or to find out more, do not hesitate to contact the Family team at Browell Smith and Co on 0191 691 3418 or request a callback.