Can I Take My Child On Holiday Without The Fathers Permission?

Part of: Child Custody for Fathers

You can take your child on holiday abroad without the father’s permission only if he does not have parental responsibility, or if a child arrangements order names you as the person the child lives with, or if a court has given you permission. In every other case you need his consent. Taking a child under 16 out of the United Kingdom without the consent of everyone with parental responsibility is a criminal offence under section 1 of the Child Abduction Act 1984, carrying up to seven years’ imprisonment. GOV.UK puts it plainly: “You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad.”

Key takeaways

• No parental responsibility, no consent needed. If the father does not have parental responsibility, his permission is not legally required — his consent is not on the list in section 1(3) of the Child Abduction Act 1984.
• If he does have parental responsibility, you need his consent — or a court order — unless a child arrangements order names you as the person the child lives with.
• If the child lives with you under a child arrangements order, you may take the child abroad for a period of less than one month (section 13(2), Children Act 1989). GOV.UK summarises this as 28 days. Treat 28 days as the safe limit.
• A special guardian may take the child abroad for less than three months (section 14C(4), Children Act 1989).
• Getting it wrong is a crime, not just a breach of an order. Child abduction under section 1 of the Child Abduction Act 1984 applies to children under 16 and carries a maximum of seven years’ imprisonment on conviction on indictment (section 4).
• If consent is refused, apply for a specific issue order on form C100. The court fee is £270.
• Get it in writing. A signed consent letter costs nothing and is the single best protection against a question at the border.

Written and reviewed by Hannah Overton, Complex Children Specialist at Kabir Family Law, who works on Children Act 1989 proceedings in the family courts of England and Wales. This guide covers the law of England and Wales; Scotland and Northern Ireland differ.

Do I need the father’s permission to take my child abroad?

You need the father’s permission if he has parental responsibility. If he does not have parental responsibility, you do not need his permission, because his consent is not among the consents listed in section 1(3) of the Child Abduction Act 1984. So a mother can take a child abroad without the father’s permission only in four situations: he has no parental responsibility; a child arrangements order says the child lives with her and the trip is short; she is the child’s special guardian; or the court has given permission.

Parental responsibility is the legal authority a parent has over decisions about a child’s upbringing. All mothers have it automatically from birth. A father has parental responsibility if:

• he was married to, or in a civil partnership with, the mother at the time of the birth or afterwards;
• his name is on the child’s birth certificate, for births registered in England and Wales on or after 1 December 2003 (section 111, Adoption and Children Act 2002);
• the court has granted him a parental responsibility order; or
• he has entered into a parental responsibility agreement with the mother.

Where both parents have parental responsibility and there is no court order, neither parent may take the child out of the United Kingdom without the other parent’s consent or the leave of the court. If you are unsure of your position, our child law specialists can confirm it before you book. You can also read our guide to obtaining parental responsibility.

Travel within England, Wales, Scotland and Northern Ireland is different: the Child Abduction Act offence concerns removal from the United Kingdom, so a domestic holiday does not need consent unless a court order says otherwise.

When can I take my child on holiday without the father’s permission?

For a holiday inside the United Kingdom you do not need his permission at all, unless a court order says otherwise. For a holiday abroad you need his written consent unless the court has given you permission, or one of the exceptions in the table below applies.

On the length of a permitted trip there is a wrinkle worth knowing. The statute says a person named in a child arrangements order as the person the child lives with may remove the child “for a period of less than one month”. GOV.UK translates that into “28 days”. In a 30 or 31 day month those are not the same figure. Because the consequence of overstaying is a criminal offence and not merely a breach of the order, treat 28 days as the limit and read the order itself before booking.

A note on older orders: residence orders and contact orders no longer exist. They were replaced by child arrangements orders on 22 April 2014 by section 12 of the Children and Families Act 2014. Orders made before that date were converted by transitional provisions and continue to have effect, so if you hold an older residence order it now takes effect as a child arrangements order. You cannot apply for a new residence order today.

If you have a special guardianship order, the position is more generous: section 14C(4) of the Children Act 1989 permits removal for less than three months without the consent of those with parental responsibility.

Can a father stop a mother taking a child on holiday?

A father with parental responsibility can stop a holiday by refusing consent, and if you travel anyway you may commit a criminal offence. He can also ask the court to prevent a specific trip by applying for a prohibited steps order.

If a child arrangements order names you as the person the child lives with, he cannot prevent a trip of less than one month unless the order restricts travel or he obtains a prohibited steps order. Where he objects for genuine welfare reasons — a real risk the child will not be returned, an unsafe destination, a clash with schooling or medical treatment — the court will weigh those reasons against the benefit of the holiday, with the child’s welfare as its paramount consideration under section 1(1) of the Children Act 1989.

If a mother takes a child abroad after consent has been refused, that is not simply a family dispute. It may be an offence under section 1 of the Child Abduction Act 1984, and it may also found an application under the 1980 Hague Convention for the child’s return. If you are a father facing this, contact our child law specialists for a free consultation.

Can I take my child on holiday without the mother’s permission?

A father needs the mother’s consent unless a child arrangements order names him as the person the child lives with, or the court has given permission. The mother always has parental responsibility from birth, so her consent is always on the statutory list — whether or not the father has parental responsibility himself.

This is the point most often got wrong. The question is not whether you have parental responsibility; it is whose consent the Act requires. Under section 1(3) of the Child Abduction Act 1984 the consents required are those of the child’s mother, the father if he has parental responsibility, any guardian, any special guardian, any person named in a child arrangements order as a person the child is to live with, and any person with custody. A father without parental responsibility still commits the offence if he takes the child abroad without the mother’s consent.

If a child arrangements order says the child lives with the father, he may take the child abroad for less than one month without the mother’s consent, on the same statutory footing as a mother in that position. If there is no such order, he must obtain her written consent or apply to the court.

What to put in a child travel consent letter

A consent letter is a signed statement from the other parent confirming they agree to the trip. GOV.UK states that “a letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad”, and that it should include the other person’s contact details and details about the trip.

There is no official child travel consent form in the UK, and no requirement to have the letter witnessed or notarised. Border officials and airlines simply want to see that the absent parent knows about the trip and agrees to it. Use the checklist below.

Carry the original, keep a photograph of it on your phone, and travel with a copy of the child’s birth certificate. Also carry a copy of any child arrangements order you are relying on. If the other parent has agreed by text or email rather than a formal letter, print that exchange and bring it: it is worth far more at a border than a verbal assurance.

How to get permission to take your child abroad: step by step

Start by asking the other parent in writing, and only go to court if that fails. Mediation is expected before most court applications about children, and a judge will ask what you did to reach agreement first.

1. Check the paperwork first. Read any existing child arrangements order in full. Look specifically for a clause restricting foreign travel or requiring notice — those clauses are common and override the general position.
2. Ask in writing, early. Set out the destination, dates, accommodation address and how the child will keep in contact. Ask by email or text so there is a record. Give as much notice as you can; a request made a fortnight before departure reads as a fait accompli.
3. Get the consent letter signed. Use the checklist above. Do this before you pay for anything non-refundable.
4. If they refuse, ask why in writing. A refusal grounded in a real worry — a non-Hague destination, an unpaid maintenance dispute, a fear of non-return — can often be answered with practical reassurance rather than litigation.
5. Try mediation. You will normally need to attend a Mediation Information and Assessment Meeting before applying to court, unless an exemption such as domestic abuse applies.
6. Apply for a specific issue order. Use form C100. The court fee is £270. Ask the court to decide the single question of whether this trip may go ahead.
7. Allow enough time. A contested application is not a quick process. Apply as soon as a refusal looks final rather than in the weeks before travel, and tell the court if there is a fixed departure date.

The court decides by asking what is in the child’s best interests, applying the welfare checklist in section 1(3) of the Children Act 1989. In practice it will look at the destination, the length of the trip, the child’s own wishes and feelings in the light of their age and understanding, any risk of non-return, and the benefit of the holiday itself. Our guide to taking children abroad sets out what a judge will expect to see in the application.

Where a trip is long, involves a change of schooling, or is really a relocation in substance, a different application is needed — see our guide to relocation applications.

What happens if you take a child abroad without permission?

Taking a child under 16 out of the United Kingdom without the appropriate consent is a criminal offence under section 1 of the Child Abduction Act 1984. On conviction on indictment the maximum sentence is seven years’ imprisonment; on summary conviction, six months, a fine, or both (section 4).

This is the part of the law that most holiday guidance leaves out, and it is the reason to treat consent as something more than a formality. A prosecution under section 1 may only be brought by or with the consent of the Director of Public Prosecutions. Separately from any prosecution, the other parent can apply for the child’s return, and a breach of a court order can be punished as contempt of court.

The Act does provide defences in section 1(5): that you believed the other person had consented or would have consented; that you took all reasonable steps to communicate with them but could not; or that they unreasonably refused consent. The last of those is restricted — it is not available if a person is named in a child arrangements order as a person the child is to live with, or if removing the child would breach a court order. Do not plan a holiday around a defence. Get the consent, or get the order.

Where a child has already been taken abroad, the route home is usually an application under the 1980 Hague Convention. Our team can advise on international child access and Hague Convention matters, and GOV.UK publishes guidance on international parental child abduction. If a child has been taken or is about to be taken, act immediately — contact the police first, then take legal advice.

How to stop your ex taking your child abroad

If you believe your child is about to be taken abroad without your consent, ask the police for a Port Alert. It is free, it does not require a court order in England and Wales, and it can be put in place quickly.

GOV.UK guidance on international parental child abduction sets out the scheme. The key points:

• Who to ask: your local police. You do not need a court order first in England and Wales.
• The test: the removal must be likely within 48 hours.
• What it does: the police contact the National Border Targeting Centre, which alerts all UK points of departure.
• How long it lasts: 28 days. A court order is needed to extend it beyond that, which is why you should take legal advice inside the 28 days.
• Scotland is different and does require a court order to be in place.

Alongside a Port Alert, consider applying for a prohibited steps order forbidding removal from the jurisdiction. Where passports are the concern, the court can order that a child’s passport be surrendered and held — see our guide to the passport surrender order. If you are worried a British passport may be issued for your child without your knowledge, GOV.UK’s abduction guidance explains that you may be able to ask HM Passport Office to prevent it, and that you will usually need a court order to do so.

Travel documents, passports and what to carry

Your child needs their own valid passport, and for the EU and the wider Schengen area the rule is not the “six months” figure often quoted. For Schengen countries the passport must have been issued less than 10 years before the date you arrive and have an expiry date at least three months after the day you plan to leave.

That is the current position in GOV.UK foreign travel advice, given per country under “Entry requirements”. Other destinations do apply a six-month rule, so check the specific country before you travel rather than relying on a general figure. Carry:

• the child’s passport, checked against the destination’s own entry requirements;
• the signed consent letter, plus any text or email agreement;
• a copy of the child’s birth certificate, which evidences your relationship where surnames differ;
• a copy of any child arrangements order or court permission you are relying on;
• for a parent whose surname has changed, a marriage certificate or deed poll.

On applying for a child’s passport, GOV.UK states that someone with parental responsibility must apply and that you must give both parents’ details, explaining why if you cannot. It does not require the other parent’s signed consent for a passport to be issued. Difficulties usually arise the other way round — where one parent is trying to stop a passport being issued — and that generally needs a court order.

Frequently asked questions

Can my ex take my child on holiday without my permission?

Your ex partner cannot take your child abroad without your permission if you have parental responsibility and no child arrangements order names them as the person the child lives with. If they travel anyway, they may commit an offence under section 1 of the Child Abduction Act 1984. If you believe removal is likely within 48 hours, ask the police for a Port Alert.

Do I need a permission letter from my child’s father to travel abroad?

If he has parental responsibility, yes — you need his consent, and a signed letter is the standard way to evidence it. GOV.UK confirms a letter from a person with parental responsibility is usually enough, and that it should give their contact details and details of the trip.

Can a father stop a mother taking a child on holiday in the UK?

He can refuse consent for travel abroad, and he can apply for a prohibited steps order to prevent a specific trip. He cannot generally prevent a holiday within the United Kingdom unless a court order restricts it, because the Child Abduction Act offence concerns removal from the United Kingdom.

Can a child travel abroad with only one parent?

Yes. Taking a child abroad with one parent is lawful, provided everyone with parental responsibility has consented or the court has given permission. Carry a consent letter and the child’s birth certificate, because travelling with one parent is the situation border officials query most often.

Is there an official child travel consent form, or can I write my own letter?

There is no official form, so you can write your own, and it does not need to be witnessed or notarised. Use the checklist above, and make sure it is signed and dated by the parent giving consent.

How much does it cost to get a court order to take a child abroad?

The court fee for a specific issue order on form C100 is £270. That is the fee payable to the court; any legal fees are separate. Help with fees may be available if you are on a low income or on certain benefits.

What if the other parent unreasonably refuses consent?

Apply for a specific issue order and ask the court to decide. Courts recognise the value of a holiday to a child, and unreasonable refusal is not a bar to travelling — it simply means the decision is made by a judge rather than by agreement. Do not rely on the “unreasonable refusal” defence in section 1(5) as a substitute for a court order; it is narrower than it sounds.

What is parental responsibility when taking a child abroad?

Parental responsibility is the bundle of legal rights and duties a parent has for a child. For travel it matters in one specific way: it determines whose consent section 1(3) of the Child Abduction Act 1984 requires before a child under 16 may be taken out of the United Kingdom.

Speak to our child law specialists

If you need to know where you stand before you book, or the other parent has refused consent, our child law specialists can tell you quickly and clearly what your position is and what to do about it.

Call us on 0330 094 5880 or arrange a free consultation. We can meet you at our York office, or at our offices in Manchester, Newcastle, Nottingham, Worcester, Cardiff and London if that is more convenient.

If you suspect a child is about to be taken abroad without consent, contact the police first and ask about a Port Alert, then call us.