Taking a Child Abroad Legal Advice
At this time of year, UK Family Law Solicitors start to receive enquiries about the law on taking children abroad.
With a global client base through our immigration law work, our Family Lawyers have advised on holidays to Europe (the classic beach trip to Spain) and to more far-flung destinations, such as a child spending a few months in Pakistan, India, Albania or China to meet extended family and gain a better understanding of their heritage.
If you need legal advice on taking a child abroad in 2025, then our Family Law Solicitors can advise on the permission required and apply to court for an order if consent isn’t forthcoming.
Online and London Family Law Solicitors
Call the expert London Family Lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form for an appointment at our offices in London or a telephone or online appointment.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Consent to take a child overseas on holiday
Three factors determine if you need consent from an English family court to take your child overseas on holiday. They are:
- Are you taking the child overseas with everyone who has parental responsibility for the child?
- If the answer to 1 is NO, then does the English court have jurisdiction to make a holiday order?
- If the answer to question 1 is NO, is an order necessary?
Let’s look at each of those questions in more detail.
Parental responsibility and taking a child abroad on holiday
Before you book your flights to jet off on holiday or to see extended family, you need to know who has parental responsibility for the child you are going on holiday with. In most situations, it is both parents.
If both parents are off on holiday together, then consent and parental responsibility are not relevant as you are going together. The situation is different if:
- A separated or divorced parent is taking the child on holiday on their own or with a new partner or
- Your child is going overseas with an aunt or grandparent and won't be accompanied by a parent
There are two potential issues:
- The parent with parental responsibility taking the child on holiday or a relative normally needs the consent of everyone else with parental responsibility for the child for the child to be taken overseas
- Border officials and airport security may raise concerns if a child is travelling with an adult with a different surname or nationality to the child
Who has parental responsibility for a child?
Parental responsibility is a legal concept. It gives a person (not necessarily a parent) the authority to make decisions about a child’s welfare and upbringing. Parental responsibility can be shared with others. Where parental responsibility is shared, and those with responsibility can't agree on whether it is in the child’s best interests to be taken overseas, a parent can apply for a holiday order. A parent who objects to a holiday can apply to court for a prohibited steps order.
The rules on parental responsibility are complex, but in summary:
- Biological mothers automatically have parental responsibility for their child regardless of whether they are married or living with the child’s father
- Biological fathersautomatically have parental responsibility if they were married to the mother when the child was born. Unmarried fathers will have parental responsibility in England if they are named on the child’s birth certificate or acquired parental responsibility through a formal agreement or court order
- Adoptive and surrogate parents have parental responsibility if they have an adoption order or parental order
- Step-parents have parental responsibility if they have a parental responsibility agreement or court order
- Relatives may have parental responsibility if the child lives with them under a child arrangement order. For example, a grandparent
Our expert Family Law Solicitors can help if you are unsure if you have parental responsibility or are uncertain about who needs to give consent for an overseas trip, For example, if you are a same sex couple or were in a same sex relationship, your parental responsibility may depend on whose names are on the birth certificate or if orders were made in family law proceedings.
Can a parent with parental responsibility take a child overseas on holiday?
A parent with parental responsibility can take their child abroad if they have:
- The written consent of everyone with parental responsibility or
- A child arrangement order that says the child lives with them and the holiday is for less than 28 days or
- A holiday order from the family court that permits taking the child overseas on a specific holiday or for holidays generally
English court jurisdiction for a holiday order
Many parents think they can take their child on holiday without getting consent from others with parental responsibility or a court order because as they or their child isn’t British, the English court doesn’t have a say (or court jurisdiction) to make a holiday order.
The English court can have jurisdiction even if neither you, the other parent or your child are British citizens.
Jurisdiction is based on the legal concept of the child’s habitual residence. A child’s usual residence can be quickly changed to England if you or your family came to the UK on visas such as Family Visas, Dependant Visas or Skilled Worker Visas.
If you are uncertain if you need an English holiday court order, it is best to speak to Holiday Order Solicitors before you book your trip. If you take your child abroad without the necessary consents or a court order, you could be accused of parental child abduction.
Is a holiday order necessary?
A holiday order is only necessary if:
- You do not have a child arrangement order that says the child lives with you (an order is necessary if the holiday is for more than 28 days)
- There is more than one person with parental responsibility and they don’t agree with you taking your child overseas
There are many reasons why a parent objects to a child going on holiday, ranging from the extremes of a fear of child abduction and a failure to return the child to England to the opposite end of the objection scale. For example, not wanting a child to have a beach holiday in Spain because the parent doesn’t like a new partner or step-parent.
Our Children Lawyers are experts in advising on holiday order application procedures and in representing parents and relatives in applying for a holiday order.
Speak to a Holiday Order Lawyer
Our lawyers understand that obtaining parental consent or making a court application is a major step. That’s why we use all our skill, expertise and experience in making sure that obtaining consent or securing a holiday order is as straight forward as possible.
Online and London Family Law Solicitors
For family law legal advice, call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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