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Many parents are surprised to learn that, in England and Wales, taking a child out of the UK without the consent of everyone who has parental responsibility can, in some circumstances, amount to child abduction – even if it's only for a week's holiday.
When is consent not needed?
If there is a Child Arrangements Order stating that your child lives with you, you can usually take them abroad for up to 28 days, without obtaining the other parent's permission, unless the order says otherwise.
If there isn't a Child Arrangements Order, or someone else also has parental responsibility, you should obtain their written consent before you travel.
Who has parental responsibility?
In most cases:
A mother automatically has parental responsibility.
A father will usually have parental responsibility if he was married to the mother when the child was born, is named on the birth certificate (in most cases), or has acquired it through a Parental Responsibility Agreement or Court Order.
In some cases, other people, such as guardians, adoptive parents or individuals granted parental responsibility by the court, may also need to give consent.
Even if consent isn't legally required...
We always recommend keeping the other parent informed by sharing:
✔️ Travel dates
✔️ Flight details
✔️ Where your child will be staying
✔️ Emergency contact information
Not only can this avoid unnecessary disputes, but it also reassures the other parent and, most importantly, benefits your child.
A quick video call or a few holiday photos can make all the difference.
What should a travel consent letter include?
A well-prepared consent letter should contain:
The child's full name, date of birth, passport number and
nationality.The consenting parent's full contact details.
Details of the adult travelling with the child.
Travel dates, destination and accommodation details.
Consent for emergency medical procedures, where necessary
The date and signature of the parent giving consent.
Many airlines and border officials may ask to see this if a child is travelling with only one parent.
What if the other parent refuses permission?
Where possible, parents should always try to resolve matters through discussion, mediation or solicitors.
If agreement cannot be reached, an application can be made to the Family Court for a Specific Issue Order, asking the court to allow the holiday to take place.
What will the court consider?
The child's welfare is always the court's paramount consideration.
The court will look at factors including:
Why the holiday is being taken.
How long it will last.
The destination and any safety concerns.
The child's wishes and feelings (depending on their age).
The impact on the child's relationship with the other parent.
Whether there is any risk that the child will not be returned to England and Wales.
Don't leave it until the last minute.
If your holiday is approaching and consent has become an issue, seek legal advice as soon as possible. The court can deal with urgent applications, but time is often limited, particularly during school holidays.
Attempting to travel without the necessary consent could result in delays at the airport, questioning by Border Force and, in some cases, much more serious legal consequences.
If you're unsure where you stand, taking advice before booking your holiday can save a great deal of stress, expense and disappointment later.
**This document is intended as general information only and should not be relied upon as legal advice.
