The question ‘Can my ex take my child out of the country?’ is one that arises frequently for separated parents, both in relation to a short holiday and a proposed permanent move abroad. The answer depends on several factors, including what the other parent is proposing and whether a child arrangements order is in place.
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.
“Thank you so much. We needed your help and support in such a vulnerable time in our lives.”
The Role Of Parental Responsibility
Parental responsibility is the starting point for almost every question about what a parent can and cannot do in relation to a child. In England and Wales, a mother automatically has parental responsibility. A father has parental responsibility if he was married to the mother at the time of the child’s birth or is named on the birth certificate for children born after 1 December 2003. Parental responsibility can also be obtained through a formal parental responsibility agreement or a court order.
Where both parents hold parental responsibility, neither can take the child abroad without the written consent of the other. That applies whether the trip is a two-week holiday or a permanent move to another country. There is one meaningful exception, which is when the parent wishing to take the child out of the country has a ‘lives with’ child arrangements order. In these cases, the parent may take the child out of the UK for up to 28 days without needing to seek the other parent’s consent first.
Can My Ex Take My Child Abroad For A Holiday?
For many separated parents, the question of a holiday abroad is the most common source of dispute. If you want to take your child overseas and the other parent agrees, you should get that consent in writing. An email or a signed letter will generally suffice, and it is worth keeping a copy with you when you travel.
If the other parent refuses and you consider their refusal to be unreasonable, you can apply to the family court for a specific issue order. The court will focus on what is in the child’s best interests, and an unjustified refusal to permit a short, safe holiday to a destination that poses no real risk is unlikely to be viewed sympathetically.
If you are the parent with concerns about the other parent taking your child abroad without your knowledge or consent, a prohibited steps order is the appropriate legal remedy. This is a court order preventing a named person from taking a specific step in relation to a child. It can be applied for urgently if removal appears imminent. In the most serious situations, where you believe your child is at risk of being taken abroad within 48 hours, you should contact the police on 999. A port alert can be issued, which can prevent departure at airports and ports across the UK.
We can help you apply for a prohibited steps order quickly and effectively, and we will make sure you understand every step of the process.
Can My Ex Take My Child Out Of The Country To Relocate Permanently?
Permanently relocating a child outside the UK is an entirely different matter from taking them abroad on holiday. Where a child arrangements order is in force, no person may remove the child from the UK without either the written consent of everyone with parental responsibility or permission from the court. If consent cannot be agreed between the parties, the parent seeking to relocate must make a formal application to court. As you might expect, these cases are among the most complex and emotionally charged in family law.
The court will consider a range of factors, including the child’s relationship with each parent, the practical realities of maintaining meaningful contact after the move, and the genuine reasons behind the proposed relocation. The child’s welfare remains the court’s primary consideration throughout.
We regularly advise parents on both sides of leave to remove applications, whether you are the parent seeking to move abroad or you are seeking to prevent the other parent from taking your child overseas permanently.
What Can You Do If Your Child Has Already Been Taken Abroad?
If your child has already been removed from England and Wales without your consent, swift and decisive action is essential. The UK is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for securing the return of children who have been wrongfully removed to, or retained in, other signatory countries. An application can be made through the International Child Abduction and Contact Unit. The sooner you take legal advice, the stronger your position is likely to be.
How We Can Help
Our family law team has extensive experience dealing with all aspects of child law. We can help you understand your rights and take the appropriate steps to protect your child’s welfare.
Several members of our family law team are members of Resolution, an organisation of specialist family lawyers committed to reducing conflict in family law through constructive methods such as collaborative law. We also have trained Collaborative Lawyers, which means we are well placed to offer this highly effective approach where it is right for your situation. Where it is possible to reach agreement without the need for contested court proceedings, we will always explore that route first.
Our family law expertise has been independently recognised through accreditation by the Law Society in Family Law Advanced and Children Law, reflecting the level of knowledge and experience we bring to every case.
We offer a range of funding options, including fixed fee agreements where appropriate, to give you certainty over the costs involved in dealing with arrangements for your children. We will always give you a realistic estimate of likely costs at the outset of your matter, so you have a clear picture of what is ahead before you commit to anything.
If you have concerns about your child being taken abroad, or you simply want to understand your position better before making a decision, contact our family law team today.
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.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
