Do I Need My Ex’s Permission to Take My Child on Holiday?

The short answer is yes if you both share parental responsibility and there are no relevant court orders in place you will need their permission. This also applies to any other person who has parental responsibility (PR) for your child, such as a step parent.

You do not need permission from your former partner if they do not have PR for your child, but you may wish to obtain their consent to avoid any potential conflict.

Our divorce lawyers in Milton Keynes are family law experts and are here to provide detailed advice and support tailored to your circumstances. The following articles provides a helpful summary of parental responsibility and if and when you need permission to take your child on holiday.

It is important to first establish who has PR for the child. A biological mother will automatically have PR. If the father is married to the mother when the child is born, he automatically obtains PR, and likewise if he marries the mother after the child is born, he will acquire PR then.

If the parents are not married, the father will still have PR if the child is born after 1^st December 2003 and he is named on the birth certificate. If he is not, then he can acquire PR by agreement with the mother, through a PR order of the Court or within a child arrangements order.

Adoptive parents, guardians, or parents who have children via surrogacy or fertility treatment, can also acquire PR in different ways. Step parents can also acquire PR for a child if they are married to, or are a civil partner of a parent of the child who has it currently and they either enter into an agreement with all parents who have PR and file it with the court or obtain a court order giving them PR. They (and in fact any individual) can also obtain PR in the same way as a father through a child arrangements order.

It does not matter how you obtain PR, it applies the same to anyone who has it, including same sex couples. PR is not impacted by divorce or separation.

If you have a Child Arrangements Order in place stating that your child lives with you (even if it also says they live with the other parent) then you will be permitted to take the child abroad for up to 28 days, without the consent of the other parent.

Additionally, if you have a court order which specifically grants permission for your child to be taken abroad, then consent from the other parent is not required.  However, parents are always encouraged to discuss and provide details of holidays to ensure an amicable and joint approach to the child’s upbringing.

Where there are no court orders in place, the consent of everyone with PR is necessary to take the child abroad. If consent is not provided, it would be considered abduction. This is a criminal offence. If the mother is the only person with PR, then she can take the child on holiday as she wishes.

Permission from your former partner is not needed if the holiday is within England and Wales and booked on dates that fall within agreed arrangements for your child. If the holiday falls during time the other parent is due to care for the child, then you will require their consent to change the arrangements.

In the event of a dispute arising, parents are encouraged to try to resolve the issue without the intervention of the court. The courts are reluctant to get involved unless it is necessary, as proceedings can prove damaging to the parental relationship. Parents will be encouraged to attend mediation or consider other alternative dispute resolution options before issuing proceedings.

If court proceedings do become necessary, the application depends on the dispute. If you are not legally able to take your child abroad without the other parent’s consent, and they are withholding that consent, the application would be for a specific issue order. This is an order allowing the person applying to make decisions without the consent of the other parent.

If the other parent wishes to take the child abroad, and you do not agree, then you would need to apply for a prohibited steps order. This type of order prevents someone from doing something that they would otherwise be able to do by virtue of having PR. For example, if the father has a “lives with” order, then he can take the child abroad for up to 28 days. If the mother does not consent, she would need to apply for a prohibited steps order.

If an application is made, the courts will consider whether the holiday would be in the best interests of the child, having regard to the welfare checklist. The court would also consider any concerns about the child not being returned to the country.

As expert divorce lawyers in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. We also have offices in in Bicester, Watford and London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.