Holiday Planning for Separated Parents
By Elisabeth Sneade, Partner and Family Law Solicitor at Edmondson Hall, Newmarket
After all those wet days, have you got your summer holiday booked? If you have a child and are separated or divorced from your child’s other parent, there are a few extra things you’ll need to add to your holiday planning list.
Do You Have Permission?
You will need your former spouse or ex-partner’s agreement to take your children away on holiday – or you’ll need to obtain a court order if the other parent objects. Without permission, you may find that you can’t go on holiday.
If consent isn’t readily provided, you may need to negotiate the arrangements for your child’s holiday during your preferred weeks. Make sure you allow plenty of time to resolve this, and if in doubt, get family law advice.
What Happens If You Get It Wrong?
If you don’t get the appropriate permissions in place, you risk:
- Upsetting your ex-partner – which might make them less inclined to agree to future holiday plans or additional contact.
- Being stopped from boarding a plane or leaving the country – causing distress to your child and wasting money spent on flights and accommodation.
- Being accused of child abduction – even though the children are yours.
When Do You Need Consent?
- Overseas travel – You need your former partner’s consent to take your children abroad on holiday. It doesn’t matter if you’re only going to France, if your children are teenagers and want to go, or if you’ve taken them abroad before. Even being the primary carer doesn’t exempt you—you still need permission.
- The exception – If you have a court order (called a Child Arrangements Order) stating that your children live with you, then you can take them abroad for up to 28 days without needing the other parent’s agreement or a court order.
- Multiple co-parents – If you have children by more than one father, each non-travelling parent with parental responsibility must give their consent. That’s more paperwork to sort out before you travel.
What If You Can’t Get Agreement?
Please don’t proceed without the proper permissions. If you do, you might find you’re prevented from leaving the UK with your children. A last-minute approach may also make your ex-partner less willing to agree to future holiday plans.
We recommend seeking legal advice. A family lawyer can help explain the plans to your ex-partner and discuss the consequences of refusing permission. Clear communication and early planning can often avoid the need for costly court applications.
Applying to the Family Court
If the other parent refuses to allow the holiday, you can apply to the court for permission. The court will consider whether the trip is in your child’s best interests. The way you’ve communicated with your former partner will affect how the court views your application.
At Edmondson Hall, we often emphasise how vital good communication is. Holidays are a chance to make memories with your child, but you must also keep the other parent informed. Think about what you would want to know if the roles were reversed—then be sure to share that same information.
Make sure the passport is sorted in good time, especially if the other parent holds it. It’s all about making the process smoother for everyone involved.
Need Legal Advice?
If you need help with holiday planning or any family law matter, contact:
Elisabeth Sneade
Partner and Family Law Solicitor, Edmondson Hall Solicitors, Newmarket
📞 01638 560556
📧 elisabeth.sneade@edmondsonhall.com
