30th April 2025 ❘

Family Law FAQs – My former partner objects to me taking our child abroad for a holiday, what can I do?

Family Law FAQs – My former partner objects to me taking our child abroad for a holiday, what can I do?

Family Law FAQs – My former partner objects to me taking our child abroad for a holiday, what can I do?

With the Summer School Holidays fast approaching, many separated parents may be looking to take their child away to a foreign country to enjoy the time off, but in some instances the parent looking to book the holiday can find that their child’s other parent is withholding permission for them to take the child away.

What should you consider if this situation arises?

Firstly, it is important to take note of all those who have Parental Responsibility (PR) for the child. Before taking a child out of the country, all persons with PR should be aware of your plans and consent to them. If you wish to evidence that you have another parent’s consent to a border official, then Government advice states that normally a letter from said parent is sufficient – but obviously make sure you check what the rules are in the country you plan to visit.

But what do you do when your child’s other parent says no outright? If you find yourself in this position, don’t panic, don’t do anything in haste, there are ways to address this…

An important thing to consider first is whether you need the permission of all persons with PR as there is an exemption to this rule. Said exemption relies on whether there is a Child Arrangements Order in place (‘CAO’). If so, and you are the parent with whom the child must live with per the order, then you can automatically take a child away without the other parent’s consent for a maximum period of 28 days, provided that there is no other order in place preventing you from doing so. Typical orders that would prevent you from taking a child out of the country are orders such as a Prohibited Steps Order. More information about these kinds of orders can be found here.

If this exemption to the general rule regarding PR doesn’t apply though, ignoring the rule is never an option – If you decide to ignore the other persons who have PR and object to you taking the child away, but you do so anyway, this can be classified as Child Abduction which is obviously a serious criminal offence and can lead to severe consequences.

So, when the 28-day rule doesn’t apply and all parties with PR can’t agree for whatever the reason may be, what do you need to do?

Normally, in cases where parties can’t agree, you would have to consider making an application to the Family Court for a Specific Issues Order (‘SIO’). As with most applications to the Family Court though, you would first of all have to take part in a Mediation Information and Assessment Meeting (‘MIAM’) to consider whether the matter can be resolved without taking it to court. More information on the MIAM process can be found here.

If you can’t settle your matter through mediation and proceedings reach the Court, then what will you have to demonstrate to the Court for them to allow your application?

Fundamentally, as an SIO is an application relating to children, ultimately you will have to demonstrate why the trip you are planning is in the child’s best interests. The Court must be satisfied that the trip will not put the child in danger and will be to their betterment of their welfare. The Family Court generally takes a view that holidays spent with family are normally in the best interests of the child, but it is important to understand why the other side objects to you taking the child abroad. If the other parent has concerns that they feel strongly enough about to argue in Court, then you may be asked how you plan to address those concerns. As a rule though, the Court always prefers for parents to actively encourage a child to spend quality time with their families, and mutual agreement between parties is considered to be in a child’s best interests. Hence, making an application to the Court should be a last resort.

We know that matters involving children are highly sensitive and we can help. if you would like to speak to a member of our Family team about a children matter then you can reach us on hello@burnetts.co.uk or call us on 01228 552222.