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Still Their Dad

Holidays and taking a child abroad

Holidays are one of the most common flashpoints after separation, partly because the rules genuinely catch people out. The headline is simple and important: taking a child abroad needs the consent of everyone with parental responsibility, or the permission of a court.

The basic rule

Section titled “The basic rule”

If both you and the other parent have parental responsibility, you cannot take your child out of the country without her agreement, unless a court order gives you that right. The same applies to her: she needs your consent too.

The 28-day exception

Section titled “The 28-day exception”

There’s one key exception. If you are named in a child arrangements order as a person the child lives with, you can take the child abroad for up to 28 days without anyone else’s consent, unless a court order says you can’t.

What that means in practice:

  • A “lives with” order (whether the child lives only with you, or with both parents) gives each named parent that 28-day freedom.
  • A “spends time with” (contact) order, or no order at all, does not give you the exception. You still need consent or the court’s permission for any trip abroad, however short.
  • Any trip longer than 28 days needs everyone’s consent or a court order, even for a “lives with” parent.

Even when the 28-day rule covers you, it’s still wise to tell the other parent and carry your paperwork, because airlines and border staff can ask.

Section titled “Giving or getting consent”

A signed letter is the normal way to show consent. A good one is signed and dated and includes:

  • the other parent’s full name and contact details;
  • the trip details: destination, dates, and where the child will be staying;
  • clear confirmation that they consent to you taking the named child on that trip.

Carry with you when you travel: the signed consent letter, a copy of any child arrangements order (this is what proves the 28-day exception applies), and evidence of your relationship to the child such as their birth certificate. If your surname differs from the child’s, bring something that explains it. Border officials can ask for proof of consent and of your relationship, especially if you’re travelling alone with the child.

There’s a travel and holiday consent template in the templates library, including a consent letter you can carry.

If the other parent refuses

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If you can’t get consent, you apply to the family court (form C100, court fee currently £263):

  • a specific issue order asks the court for permission to take the child on the trip;
  • a prohibited steps order is the reverse: it’s what you apply for if you’re worried the other parent will take the child abroad and you want to stop it.

The court decides on the child’s welfare, weighing things like the purpose and length of the trip, the destination, and any real risk the child wouldn’t be returned. Where there’s genuine urgency, you can ask for an urgent or “without notice” hearing, and the usual mediation requirement can be skipped. Get specialist advice quickly.

Children’s passports

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  • The person applying for a child’s passport must have parental responsibility, and you must give both parents’ details on the application.
  • Strictly, the standard application doesn’t require the second parent to sign, but HM Passport Office will seek confirmation where it knows there’s a dispute.
  • A worried parent can ask HM Passport Office not to issue a passport (a “caveat”), ideally backed by a court order.
  • Important gap: objecting to a British passport does not stop a child travelling on another country’s passport (for example through the other parent’s nationality). For dual-national children, a prohibited steps order plus a port alert is the stronger safeguard.

If you fear your child may be taken or not returned

Section titled “If you fear your child may be taken or not returned”

Act fast and use more than one tool together:

  • Port alert (all ports warning). Call the police on 101 or go to a station, explain that abduction is feared and why. For a child under 16 the police don’t need a court order to issue a port alert, as long as they’re satisfied the threat is real and imminent. It circulates to UK ports and airports and lasts 28 days; for longer protection you need a court order.
  • Prohibited steps order. Apply to the family court (form C100) to legally bar removal of the child from the UK. This can be sought urgently and, in a real emergency, without notice. You can also ask the court to hold the child’s passports.
  • Object to the passport with HM Passport Office (above).
  • Reunite, the specialist UK charity for international parental child abduction, advice line 0116 2556 234 (Monday to Friday, with out-of-hours emergency cover), gives practical, impartial advice.
  • Legal aid may be available for child abduction cases, and there’s a specialist accredited solicitors list. Get urgent advice if you think removal is imminent.

Where to get real help

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Last reviewed: 9 June 2026. Court fees and rules change, so check the official links above for the current process and figures before you rely on anything here.