If you are looking for answers to the issue ‘my ex won’t let me take my child on holiday,’ you are not alone, and you do have options. The law sets out a clear framework for when consent is needed, what happens if it is refused, and how the family court can step in when parents cannot agree.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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Do I Need Consent To Take My Child On Holiday?
Whether you need consent to take your child on holiday depends on whether you hold parental responsibility and whether a child arrangements order is in place. If both parents hold parental responsibility, you generally need the written consent of the other parent before taking your child abroad, regardless of how long the trip is.
There is one important exception. If a child arrangements order states that your child lives with you, known as a ‘lives with’ order, you can take your child out of England and Wales for up to 28 days without seeking the other parent’s consent. This applies to holidays, not to permanent moves abroad. Anything beyond 28 days still requires either written consent from everyone with parental responsibility or permission from the family court.
Our family law team can advise you on exactly where you stand based on the arrangements currently in place for your child.
Do I Need Written Consent To Take My Child On Holiday?
If your child’s other parent agrees to the holiday, you should always get that agreement in writing before you travel. An email exchange or a signed letter will usually suffice, and you should keep a copy with you throughout the trip. At border control, you may be asked to demonstrate that you have permission to travel with the child, particularly if you have a different surname. Carrying a copy of the child’s birth certificate alongside the consent letter is a sensible precaution.
If you need further peace of mind about what evidence you require to prove that your child’s other parent has agreed to you taking them abroad, speak to us. We will ensure that you obtain everything you need so that your trip goes smoothly.
What Happens If My Ex Won’t Let Me Take My Child On Holiday?
A flat refusal from your ex does not necessarily mean the holiday cannot go ahead. If the refusal is unreasonable and not based on any genuine concern about your child’s welfare, you can apply to the family court for a specific issue order under section 8 of the Children Act 1989. This asks the court to make a decision about a specific matter, in this case, whether your child can travel abroad with you.
The court’s primary consideration will always be what is in the best interests of your child. In practice, a court is unlikely to block a straightforward, well-planned holiday to a safe destination with a parent who poses no risk to the child. The other parent’s objection will need to be grounded in a genuine concern, not simply a desire to cause inconvenience or exert control.
We can help you make an application for a specific issue order and represent you throughout the process.
What Will The Court Consider When Deciding Whether I Can Take My Child On Holiday Without My Ex’s Permission?
When considering whether to grant permission for a holiday, the court will look at a range of factors. These include:
- The destination and whether any safety concerns arise in connection with it.
- The ages of the children.
- The length of the trip.
- The child’s relationship with each parent.
- Whether there are any existing court orders in place and whether they have been followed.
- Any risk that the travelling parent might not return the child at the end of the holiday.
This final point carries significant weight. If the court has any reason to doubt that you would bring your child home as planned, permission is far less likely to be granted. Providing detailed travel information, return flight bookings, and evidence of your ties to England and Wales can all help to address that concern.
How Our Experienced Family Law Team Can Help
Holiday disputes are often urgent, particularly when court applications are needed at short notice and travel dates are approaching. Having a solicitor with the right experience can make a real practical difference to the outcome. Our Family Law expertise has been independently recognised through accreditation by the Law Society in Family Law Advanced and Children Law, which reflects the depth of knowledge and commitment we bring to every case involving children.
We offer a number of funding options, including fixed fee agreements where appropriate. We will always give you a realistic estimate of costs at the outset so that you are never left uncertain about your costs exposure as we work through matters together.
If you have a holiday planned and cannot get the consent you need, contact our family law team today to discuss your options.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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