Can I Travel Abroad with My Child After Separation?

January 21, 2025

It can be challenging to navigate new situations after separating from your former partner, especially when children are involved.

There are lots of decisions that still need to be made jointly, including obtaining parental consent to travel abroad with your children. Regardless of whether you are planning a holiday or considering travelling in the future, it is helpful to know where you stand.

We discuss some of the common questions about travelling with children after separation in this article.

While we hope this will be helpful, it should not be taken as legal advice. If you need any further support regarding travelling with your child, our parental responsibility solicitors will be happy to help.

To speak to one of our family law experts, please contact us today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.

Can I take my child abroad after divorce?

Yes, you can travel abroad with your child after divorce but if you share parental responsibility with the other parent, you must obtain permission to travel abroad.

This may be in the form of a written letter, signed consent form or a court order. Without this, you may be prevented from taking your child abroad.

However, if you are named by the courts as the main parent and your child lives with you, you will not need to obtain permission for your child to travel abroad.

In this case, it is advisable to still notify the other parent of your intentions to travel and provide the contact information of the place you are staying for the child’s safety.

Do I need the father’s permission to get my child a passport?

If you have parental responsibility for your child, you can apply for their passport on your own. However, everyone with parental responsibility for the child must consent to the child getting a passport.

If you are a mother and you have parental responsibility for your child, you can apply for the passport yourself, but you will need to add the other parent’s details to the application.

If the other person does not object to the passport, it is likely to be issued by the passport office.

However, it is possible for the other parent to apply for a prohibited steps order to prevent the child from getting a passport or travelling abroad.

The court will then decide whether it is in the best interests of the child to proceed.

Do I need permission from the other parent to travel abroad with my child?

If you’re travelling abroad with your child after separation, you will need permission from the other parent if you both share parental responsibility.

When discussing this with the other parent, you should provide all the details of the trip, such as travel dates, flight information, and accommodation, and request written permission to take your child abroad.

Some exceptions to this may apply if you have sole custody or a court order allowing you to take your child abroad without consent.

If you do not obtain parental permission to travel or a court order to take your child abroad, your actions could be classed as child abduction, which can have serious legal consequences.

What is parental responsibility and who has it?

Parental responsibility refers to the legal rights and obligations a parent has for their child’s upbringing. This includes the responsibility of making important decisions about the child’s life.

A mother automatically has parental responsibility for her child from birth, while a father usually has parental responsibility if he is married to the child’s mother or listed on the birth certificate.

For individuals who do not automatically have parental responsibility, such as unmarried fathers or other guardians, it is possible to apply for parental responsibility through the courts.

This requires a formal legal process to establish and confirm their rights and responsibilities towards the child.

What can I do if the other parent refuses to give permission?

If the other parent refuses to give parental permission to take your child abroad after separation, you can apply to the court for a Specific Issue Order.

The court will then decide if it is in the interests of the child to proceed.

What is a specific issue order for travel?

A specific issue order allows the court to decide if the trip is in the child’s best interests. When applying, you should provide details of your travel plans, reasons for the trip, and how it benefits your child.

Providing there are no safeguarding issues or risks to the child’s safety, the judge may favour allowing the child to travel abroad. However, it’s advisable to seek legal guidance to strengthen your case.

Maintaining open communication and attempting mediation with the other parent beforehand may also help resolve the issue without legal intervention.

What is a Child Arrangement Order and how does it affect travel plans?

A Child Arrangement Order is a court order that sets out who a child will live with, spend time with, and have contact with. It can also include provisions about travel.

If you have a Child Arrangement Order, you may not need the other parent’s permission for certain trips, depending on the order’s terms.

However, for international travel, you usually still need either the other parent’s consent or a court order.

The Child Arrangement Order ensures that travel plans align with the child’s best interests and provides legal clarity on parental responsibility when taking your child abroad.

What happens if I take my child abroad without the other parent’s consent?

Taking a child out of the country without the other parent’s consent or court approval could be considered child abduction, a serious offence that can lead to criminal charges.

Beyond potential legal consequences, this may affect your reputation in future court proceedings related to your child and could harm your co-parenting relationship, which is unlikely to be in your child’s best interest in the long term.

Get in touch with our family law solicitors

Looking for legal advice and support with child arrangements in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?

Please contact our family law solicitors today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.