The right to take your child abroad may seem like a basic one – but if you're separated from the child's other parent, it can have legal implications. A common issue arises when one parent wants to take the child abroad but the other disagrees.

The legal side of things isn't especially intuitive. It all hinges on the legal concept of "parental responsibility" and whether there are any child arrangement orders in place.

In this article, we break down these concepts and look at situations where taking your child abroad may not be straightforward.

What is parental responsibility and who has it?

The Children Act 1989 defines parental responsibility as follows: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

A person with parental responsibility can make important decisions about their child – decisions that relate to schooling, place of residence, religious upbringing and medical treatment. It also covers decisions about taking the child abroad.

It's not immediately obvious who gets parental responsibility. The biological mother gets it automatically. The father gets it if he's married to the mother at the time of the child's birth or if he marries her after the birth.

Otherwise, parental responsibility is conferred by a child arrangement order. It continues for the duration of the order and can be lost if the order is ended by the court.

Non-parents can obtain parental responsibility through a court order, whether they're adopters, guardians or other family members.

What is a child arrangement order?

When parents separate or divorce, they need to agree on who the child is going to live with, how much contact they will each have with the child and how child maintenance will work.

If they can't reach an agreement, the court will decide for them in the form of a child arrangement order. These are made with the child's welfare as a top priority.

There are two main types of child arrangement order: a "live-with" order and a "contact order". The second type dictates when and for how long the child will spend time with each parent.

Some possible scenarios

If the mother alone has parental responsibility and there are no child arrangement orders in place, she doesn't need to seek permission from the other parent before taking their child abroad.

A person with a live-with child arrangement order can take their child abroad for up to 28 days without getting the consent of the other parent.

If a parent has a contact order, they need to gain the other parent's consent to take the child abroad.

And if there are no court orders in place, the consent of anyone with parental responsibility is needed.

Issues tend to arise when the holiday hasn't been agreed between separated parents. If you're separated and there are child arrangement orders in place, it's best to start a dialogue before you book your holiday and to keep your ex-partner informed of your plans.

If you don't do this, it could lead, at best, to misunderstandings and tension. At worst, it could lead to an accusation of abduction.

What is "abduction"?

In this context, abduction simply means that a child isn't returned after an agreed period abroad. It is most often an issue when the separated parents' families have an international connection.

Sometimes, an accusation of abduction can come about because of a lack of clear communication. Although it might seem like an extreme scenario, it's one reason why obtaining consent and maintaining a dialogue with an ex-partner about the holiday can be advisable.

If a parent is concerned about abduction, they can apply for a "prohibited steps order".

What if grandparents or other family members want to take a child abroad?

In this case, the grandparent or other family member needs the permission of anyone with parental responsibility – unless they have parental responsibility themselves.

What is "leave to remove"?

"Leave to remove" is the act of taking a child abroad permanently. It's also sometimes known as a "relocation application".

Do you need to prove that you have permission?

Different countries have different requirements for entry and exit – so it's worth checking in any case.

Many countries require you to bring a form filled in by both parents before they'll let a child travel with one parent – and some airlines do the same.

Issues can arise when the surnames of the parent and child aren't the same. It may be assumed that they're not related. If this is the case, it's worth bringing proof of your relationship as well as a signed consent letter from the other parent.

Seeking legal advice

Perhaps you want to take your child on holiday and your child's other parent has refused to give consent. Or perhaps you don't want your ex-partner to take your child abroad.

In either case, expert legal advice from an experienced family lawyer can be advisable.

If you do seek independent legal guidance, it can be wise to do so earlier rather than later. It's possible to apply for urgent help but your solicitor will be better placed to represent you if they've got time to consider the finer details of the case.

Conclusion

Questions about parental responsibility in the UK aren't as obvious as they might seem. If you're separated from your child's parent and there are child arrangement orders in place, it might not be straightforward to take them on holiday and you may need to seek your ex's consent.

If communication breaks down and you can't reach the agreement you need, you may want a family lawyer in your corner to help you get the outcome you deserve.

At Milners Law, we have an experienced team of knowledgeable, non-judgmental, straight-talking family solicitors with a proven track record of success. Need legal advice relating to your child's holiday? Get in touch for a free, no-obligation consultation.