Do I Need Permission to Take My Child Abroad?
Last updated: June 2026
by Jess Knauf, Director of Client Strategy at Mediate UK, June 2026. Information reflects current family law in England and Wales as of 8 June 2026.
Key Takeaways
- You usually need the permission of everyone with parental responsibility, or the court, before taking your child abroad.
- Taking a child abroad without consent can be a criminal offence under the Child Abduction Act 1984.
- The main exception is if you hold a “lives with” child arrangements order, which allows trips of up to 28 days without separate consent.
- Get consent in writing, with the trip details, and carry the child’s birth certificate and proof of any name change.
- If the other parent refuses, mediation is usually faster than court, which matters when a holiday is booked.
- Taking a child to live abroad permanently is a separate, bigger application than a holiday.
Permission to Take My Child Abroad
In England and Wales, you need permission to take your child abroad from everyone who has parental responsibility, or from the court. The one common exception is if you hold a “lives with” child arrangements order, which lets you travel for up to 28 days without asking. Taking a child out of the UK without the right consent can amount to child abduction.
If you are separated and planning a holiday, you may be wondering whether you need permission to take your child abroad, and what happens if the other parent says no. It is one of the most common questions separated parents ask, and getting it wrong can have serious consequences, so it is worth knowing exactly where you stand.
This guide explains the rules in England and Wales, what consent should look like, what to carry at the border, and what your options are if you cannot agree, including how mediation can often sort it out faster than going to court.
Without agreement you cannot book the flights, and a court application takes months. Our accredited family mediators help separated parents settle foreign travel, passports and the wider holiday calendar, usually in one or two sessions.
Do I need permission to take my child abroad?
In most cases, yes. To take a child out of England and Wales, you need the consent of everyone who holds parental responsibility for them, or permission from the court. This is true even if the child lives mainly with you, and even if you are the child’s mother. Travel counts as one of the major decisions that everyone with parental responsibility has a say in.
It is worth being clear what “abroad” means here. The jurisdiction is England and Wales, so taking a child to Scotland or Northern Ireland counts as leaving it, as does any trip overseas. Travel within England and Wales does not normally need consent, unless it cuts across arrangements already agreed or ordered by a court.
| Your situation | Do you need permission? |
|---|---|
| You share parental responsibility and have no court order | Yes, consent of all holders or the court |
| You hold a “lives with” child arrangements order | No, for trips up to 28 days, unless an order says otherwise |
| You are a special guardian | No, for trips up to 3 months |
| You are the only person with parental responsibility | No, but carry proof of your sole parental responsibility |
| Travel within England and Wales | No, unless it breaches existing arrangements |
When do you not need permission to take a child abroad?
The main exception is the “lives with” order. If a child arrangements order says the child lives with you, you can take them abroad for up to 28 days without asking anyone else, as long as no court order specifically forbids it. You can read how these orders work in our guide to child arrangements.
A special guardian can take the child abroad for up to 3 months without separate consent. And if you are the only person with parental responsibility, you do not need anyone else’s permission, though it is sensible to carry evidence of that at the border. In every other case, you should get consent first.
What happens if you take a child abroad without permission?
This is the part to take seriously. Taking a child out of the UK without the consent of everyone with parental responsibility, or the court’s permission, can be the criminal offence of child abduction under the Child Abduction Act 1984. The maximum penalty is seven years in prison. You could also be turned away at the border, or refused entry to your destination, if you cannot show consent.
There is also “wrongful retention”. If the other parent agrees to a trip for a set time, say two weeks, and you keep the child abroad beyond that, you can be treated as having wrongfully retained them, even though the trip itself was agreed. If you are ever worried that your child is about to be taken abroad without consent, contact the police straight away.
How to get permission to take your child abroad
Verbal consent is valid, but it is much safer in writing. A short letter from each person with parental responsibility avoids awkward questions and delays at the border. Your consent letter should include:
- the name and contact details of the person giving consent
- confirmation that they agree to the child travelling with you
- the destination, and the outbound and return dates
- flight and accommodation details where possible
- ideally, a copy of the passport of the person giving consent
It also helps to carry proof of your relationship to the child, such as a birth or adoption certificate. If your surname is different from your child’s, bring evidence of the change too, for example a marriage certificate, a final order of divorce, or a change of name deed. Some countries have their own entry rules and may want a signed or notarised consent form, so check your destination’s requirements before you travel.
Other parent saying no to a holiday?
A short mediation session can often get consent agreed in days, well before any flight. A £500 voucher may be available for child-related cases.
What to do if the other parent refuses permission
If the other parent will not agree, there is a sensible order to work through:
- Talk it through, and try to understand what is behind the refusal. It is often worry rather than the holiday itself.
- Try family mediation, where a neutral mediator helps you reach an agreement. You can see how it works in our guide to family mediation.
- Apply to court as a last resort, for a Specific Issue Order giving permission for the trip. The other parent could apply for a Prohibited Steps Order to prevent it. The court decides based purely on the child’s best interests.
Before most of these court applications you need to attend a Mediation Information and Assessment Meeting in any case, so mediation is a step you are likely to take anyway. Our MIAM guide explains what to expect.
Family Law Service
Need to Apply for a Specific Issue Order?
If mediation has not resolved things and you need the court’s permission to travel, our sister service can complete your C100 application correctly, so it is right first time.
How mediation resolves travel disputes faster than court
Here is the practical problem with the court route for a holiday. A Specific Issue Order can take weeks or months to be heard, and most holidays are booked long before a court date would come round. Mediation can often reach an agreement in a single session, in time for the trip. For travel disputes in particular, speed is one of mediation’s biggest advantages.
The deeper reason mediation works well here is that a refusal is rarely about the holiday itself. It is usually about worry, whether the child will come back, whether contact will be disrupted, or simply not having enough information. A court order overrides the worry. Mediation deals with it, which tends to produce agreements that hold up better afterwards.
In practice, we help parents put together a simple travel protocol that gives the worried parent reassurance and gets consent without court:
- a shared itinerary, with flight and accommodation details
- agreed contact with the other parent during the trip
- copies of passports and return tickets shared in advance
- a clear, agreed return date
Even better is to deal with it once rather than every year. A standing holiday clause in your parenting plan can pre-agree that each parent may take the child abroad during their own holiday time, as long as they share the details a set number of weeks beforehand. That removes the need to ask, and argue, every single year. Keeping the details in one place using a co-parenting app makes it even easier.
Where children are involved, you may also be able to use the Family Mediation Voucher Scheme, which offers up to £500 towards mediation and is not means tested.
“Most holiday disputes we see are not really about the holiday. Once the travelling parent shares the itinerary, agrees how the children will keep in touch, and confirms the return date, the other parent’s worry settles and consent follows. We can usually do that in one session, which matters when there is a flight booked.”
Jess Knauf, Director of Client Strategy, Mediate UK
Taking a child abroad to live is different
Everything above is about holidays and short trips. Moving a child abroad to live permanently is a much bigger step, often called relocation or “leave to remove”. It needs the agreement of everyone with parental responsibility or a specific court order, and the court looks at it far more closely than a holiday, because of the lasting effect on the child’s relationship with the parent left behind. If you are thinking about a permanent move, take advice early, as these applications take time and are often strongly contested.
Summary
In England and Wales you usually need permission to take your child abroad from everyone with parental responsibility, or from the court. The main exception is a “lives with” order, which allows trips of up to 28 days. Get consent in writing, carry the child’s birth certificate and proof of any name change, and check your destination’s own rules.
If the other parent refuses, mediation is usually quicker than a court application and tends to produce agreements that last, especially when a holiday is already booked. Moving a child abroad permanently is a separate and more serious application.
Frequently Asked Questions
Do I need permission to take my child abroad?
Usually yes. You need the consent of everyone with parental responsibility, or permission from the court, before taking a child out of England and Wales. This applies even if the child lives mainly with you, unless you hold a “lives with” order, which allows trips of up to 28 days.
Can I take my child abroad without the father’s or mother’s consent?
Not if they have parental responsibility, unless you have a court order or a “lives with” order. Taking a child abroad without the required consent can be a criminal offence under the Child Abduction Act 1984, with a maximum penalty of seven years in prison.
How long can I take my child abroad with a child arrangements order?
If a child arrangements order says the child lives with you, you can take them abroad for up to 28 days without separate consent, unless a court order specifically says you cannot. A special guardian can travel for up to 3 months.
What should a child travel consent letter include?
It should name the person giving consent and their contact details, confirm they agree to the child travelling with you, and set out the destination and the outbound and return dates, ideally with flight and accommodation details and a copy of their passport.
Do I need permission to take my child to Scotland or Northern Ireland?
The jurisdiction is England and Wales, so Scotland and Northern Ireland count as leaving it. The safest approach is to treat trips there the same as going abroad and get consent, particularly for longer stays or where arrangements are already in dispute.
What can I do if the other parent will not agree to a holiday?
Try to discuss it first, then use family mediation, which is usually quicker than court and often resolves the issue in one session. If that does not work, you can apply for a Specific Issue Order giving permission for the trip.
You Might Also Find Helpful
Parental Responsibility Explained Read the guide |
The Ultimate Guide to Child Arrangements Find out more |
What Is a Specific Issue Order? Learn more |
What Is a Prohibited Steps Order? View the guide |
Planning a Trip and Cannot Agree?
Our accredited mediators help separated parents agree holiday travel quickly and calmly, usually well before any court could hear it. A £500 voucher may be available for child-related mediation.
