11th June 2025
Taking your child on holiday after a divorce can be a meaningful way to reconnect and create new memories. But before you book those flights, it’s crucial to understand the legal requirements that apply to separated parents in England and Wales.
Sarah Johnson, Solicitor in our Family Law team at Myers & Co, outlines the key legal steps to take before travelling abroad with your child.
If you share parental responsibility, you’ll need the other parent’s explicit permission to take your child abroad. This applies even for short trips. The only exception is if a Child Arrangements Order states the child lives with you, then you may travel for up to 28 days without consent, unless a court order says otherwise.
Travelling without the other parent’s consent could be considered child abduction under UK law. Always carry a signed letter of consent and supporting documents when travelling.
If the other parent refuses to give permission, you can apply to the Family Court for a Specific Issue Order. The court will weigh whether the trip is in the child’s best interests, considering:
Make sure your child’s passport is valid and accessible. If you need to apply for one and the other parent won’t cooperate, a court order may be required. The HM Passport Office often needs both parents’ details, especially in disputed cases
To avoid misunderstandings, communicate your plans clearly and early. Include:
This shows transparency and helps maintain a cooperative co-parenting relationship.
If there’s a Child Arrangements Order or Prohibited Steps Order, you must comply with its terms. Ignoring a court order can lead to serious legal consequences, including enforcement action or changes to live with arrangements.
Ensure your child is covered by comprehensive travel insurance, especially if they have medical needs. You may also need a medical consent letter in case treatment is required while abroad.
If you’re unsure about your rights or facing difficulties with your ex-partner, it’s wise to consult a family law solicitor. They can help you understand your legal position and apply for the necessary court orders if needed.
Planning a holiday after divorce doesn’t have to be complicated. With the right legal advice and open communication, you can enjoy a stress-free trip and focus on what matters most, quality time with your child.
We offer expert advice on child arrangements after a divorce. To find out more please contact Sarah Johnson, Solicitor in our Family Law team, on 01782 491025 or email sarah.johnson@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.
