What are separated parents’ holiday rights?

You can take your children out of England and Wales without the other parent as long as you have permission from everyone who has parental responsibility.

If you are the child/children’s mother, you automatically have parental responsibility. If you were married or in a civil partnership with the mother when the child was born, you automatically have parental responsibility. This is not lost during divorce or separation unless the court orders it. Therefore, you both have Separated Parent’s Holiday Rights.

If you are unsure of whether you have parental responsibility, because you were not married or in a civil partnership, you must seek legal advice before attempting to take any children on holiday.

If you have the permission of the other parent/anyone with parental responsibility, you can take your children on holiday without the other parent. It is important to get the permission in written form so you can prove that it was given.

Providing you have the permission of the other parent, or anyone with parental responsibility, you can take your children abroad even if you don’t share their surname.

This applies to divorced parents, where the mother has reverted to using her maiden name, or has remarried; or for couples who decide not to share a surname.

However, it is important that you have the relevant documentation with you for any trips abroad to prove you are a legal guardian. This may include written consent from the other parent giving their permission for the child/children’s travel, the child’s birth certificate, and proof of name change if this has altered since the birth of the child.

If you are separated or divorced, your ex-partner/spouse can take the children on holiday within England and Wales, providing they have parental responsibility i.e., they are the legally recognised parent or have been granted parental responsibility by the court.

They will not legally need your permission to do so. It is, however, recommended that they do seek permission.

For any holidays outside of England and Wales, whether to Scotland or further abroad, your ex will need your permission, and the permission of anyone else with parental responsibility, to take children away.

No, but it is good practice to get permission from your ex and to inform them of your holiday plans. If you are unsure of whether you need permission, seek legal advice.

Your ex can refuse to give permission for you to take your children on holiday if they have parental responsibility. If this happens, you will need to seek permission from the court before travelling.

If you take your children abroad without permission from the other parent/anyone with parental responsibility, you risk allegations of child abduction. This could be a Child Abduction offence.

If you have a Child Arrangements Order that confirms the child/children “live with” you, the situation is different. This permits you to take your child/children on holiday without any permission. However, there is a limit of 28 days and the holiday must not interfere with the child/children’s time with the other parent. If the Child Arrangements Order confirms that the child/children “spends time with” you, then you must seek the other parent’s permission before travel.

If the court has specifically told you that you cannot travel with the child/children, then you will need to seek the court’s permission to take your children on holiday.

What documentation will I need to take my children abroad?

There may be a number of additional documents needed on top of the usual passport, border pass, etc, at border control if you are taking your children abroad and you are separated or divorced. These may include:

• The child’s birth certificate, as well as their passport
• Proof of your name and any changes to it (e.g. reverting to your maiden name after divorce)
• Written permission from anyone else with parental responsibility
• Any documents required by the country you are travelling to (you should always check the consulate website for the country of travel to confirm)