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Can I take my child abroad without the other parent's consent?

Published 14 October 2026 · About 6 minutes to read · England and Wales

A holiday abroad is often the first big decision separated parents have to agree on. This guide explains, in plain English, when you need the other parent's permission, how to show you have it, and what you can do if you can't agree. It covers England and Wales; the law in Scotland and Northern Ireland is different, so check locally if you live there.

The short answer

Usually, no. Gov.uk says you need permission from everyone with parental responsibility for a child, or from a court, before taking them abroad, and that taking a child abroad without permission is child abduction. [1] Under the Child Abduction Act 1984, it's a criminal offence for a parent or other "connected" person to take or send a child under 16 out of the UK without the appropriate consent. [2]

This applies to holidays too, not just moving abroad, and it applies to both parents, including the parent the children live with most of the time.

Who needs to give permission?

Everyone with parental responsibility (PR). [1] A birth mother has PR automatically. A father or second parent generally has it if they were married to, or in a civil partnership with, the mother when the child was born, or if they jointly registered the birth with the mother. [3] Others can have PR through a court order, such as a child arrangements order saying the child lives with them.

If you're not sure whether your co-parent has PR, check before you travel. Either way, telling the other parent about a trip and sharing the details is usually the best way to avoid problems.

The 28-day rule

There's one main exception. Gov.uk says that if a child arrangements order says the child must live with you, you can take them abroad for up to 28 days without permission, unless a court order says you can't. [1] The Act itself describes this as a period of less than one month. [2]

• It only applies to a "lives with" order. A "spends time with" order doesn't give the same right.
• A parenting plan or informal agreement isn't a court order, so the exception doesn't apply to it.
• Even when the exception applies, sharing the dates and where you'll be staying is the considerate thing to do, and may be required by your order.

How to show you have permission

Gov.uk says a letter from the person with parental responsibility is usually enough to show you have permission. It should include their contact details and details of the trip. Gov.uk also suggests taking evidence of your relationship to the child, such as a birth or adoption certificate, and a divorce or marriage certificate if you're a single parent with a different family name from your child. [1]

Agree the trip in writing well before you book, and keep a copy of the agreement and the letter with your travel documents.

If the other parent says no

Start by finding out why. Worries are often practical: the length of the trip, missing their own time with the children, safety, or simply not knowing the details. Sharing the full itinerary, agreeing when the children will call home and offering make-up time can help. Our communication tips have example wording.

If you still can't agree, family mediation can help, and you may be able to get up to £500 towards it. See our guide to mediation and the voucher scheme.

If that doesn't work, gov.uk says you'll need to apply to a court for permission. You'll have to give details of the trip, such as the date of departure, and for longer stays, things like what education the child will have abroad. Gov.uk recommends getting legal advice. [1] Our guide to child arrangements orders explains how court applications work. Leave plenty of time: court applications aren't quick.

Passports

Gov.uk says someone with parental responsibility must apply for a child's passport, and you need to give both parents' details (or explain why you can't). [4] Agree who will keep the passport and how it will be handed over before a trip, so it doesn't become a last-minute argument.

If you're worried your child will be taken abroad

• If you think a child you're responsible for is at risk of being taken out of the UK without your consent, gov.uk says to contact the police. [5] In an emergency, call 999.
• A prohibited steps order is a court order that can stop a parent taking a particular step, such as taking a child abroad. [6]
• Reunite International is a UK charity that gives advice on international child abduction, including prevention. Its advice line is +44 (0)116 2556 234. [7]

If there has been domestic abuse, talk to a specialist service. See our free help guide.

Quick answers

Sources

1. Gov.uk, Taking your child abroad: gov.uk/permission-take-child-abroad
2. Child Abduction Act 1984, section 1: legislation.gov.uk
3. Gov.uk, Parental rights and responsibilities: who has parental responsibility: gov.uk
4. Gov.uk, Get a passport for your child: gov.uk/get-a-child-passport
5. Gov.uk, Return or contact an abducted child: gov.uk/return-or-contact-abducted-child
6. Gov.uk, Making child arrangements if you divorce or separate: apply for a court order: gov.uk
7. Reunite International Child Abduction Centre: reunite.org

All sources checked on 14 October 2026. We aim to review this guide at least every three months. Spotted something out of date? Email support@handoverhub.co.uk.