Taking a child out of England and Wales without the consent of everyone with parental responsibility, or without a court order permitting it, is a criminal offence under the Child Abduction Act 1984. Understanding the rules before planning any international trip is essential for all separated parents.
If no child arrangements order is in place, you need the written consent of everyone with parental responsibility before taking a child abroad, even for a short holiday. If a child arrangements order specifies that the child lives with you, you are permitted to take the child out of England and Wales for up to 28 days without specific consent, unless the order restricts this. If the child is subject to a contact order rather than a lives-with order, the same 28-day exemption does not apply to the contact parent.
If the other parent refuses to consent to a holiday abroad, you can apply to the family court for a specific issue order permitting the trip. The court will consider the reasons for the holiday, the proposed destination, the arrangements for the child during the trip, whether there is any genuine risk of non-return, and the likely impact on the child of refusing the application. Applications for short holidays to safe destinations are generally looked upon favourably where there is no genuine abduction risk.
Booking confirmation, travel insurance documents, an itinerary, accommodation details, and evidence of return tickets all support a holiday application. If the other parent's concern is the risk of non-return, offering a financial bond or undertakings to return provides reassurance that the court can consider.
Both parents with parental responsibility must consent to a child's first passport application. If the other parent refuses, the court can order that a passport be issued. If there is a concern that the other parent may obtain a passport for the child without consent, you can lodge an objection with HM Passport Office.
Taking a child abroad without consent or a court order is a criminal offence. Parents with a lives-with order can take a child out of England and Wales for up to 28 days without specific consent. If the other parent refuses to consent to a holiday, apply for a specific issue order. A family law barrister can prepare the application and advise on the strength of your case.
Getting the right advice early can make a significant difference to the outcome of your case. Reach out to the Barrister Connect team today.