Family holidays after divorce? 6 things to consider before travelling abroad with the kids

Family law expert shares 6 tips to help parents navigate the challenges of international travel with children after a divorce this summer

Recent data from the ONS shows that the number of divorces has been increasing over the last few years. The divorce rate in the United Kingdom is estimated at 42%, with 113,505 divorces granted in England and Wales in 2021, compared to 103,592 divorces in 2020

Despite the cost of living crisis, UK residents taking holidays abroad increased by 29% in 2022, compared with 2021. With this in mind, Jennifer Moore, Legal Director at international divorce lawyers Rayden Solicitors, has shared her expertise on navigating this challenging situation for newly divorced parents. 

1. Can I take my children abroad after divorce?

“In general, you can take your children abroad after divorce but you may need permission from your ex-partner, depending on which parent has legal rights (parental responsibility) and if there are any court orders involved. 

“If both parents have legal rights, it means you both have to agree before taking the child abroad. Neither parent can take the child abroad without the consent of the other. Note that there are some exceptions, for instance if there is a Child Arrangements Order or an order from the court granting permission for the child to be taken abroad.

“Taking a child out of England and Wales without the consent of the other parent or the court could be considered child abduction”.

2. Can I stop my ex from taking my child abroad on holiday?

“If you do not consent to the other parent taking your child abroad, they must ask the court for a Specific Issue Order. If you do not give consent when it is required,  your ex cannot lawfully remove the child from the country without a court order. The court will decide if the holiday is in the child’s best interests and then decide whether to grant permission, so you may not be able to prevent your ex-partner taking your child on holiday without good reason.

“If you believe that the other parent is going to take the child abroad without your consent, you can apply to the court for a prohibited steps order”. 

3. Do I need my ex’s permission to take our child on holiday?

“Yes, if your ex-partner has parental responsibility and there is no court order in place, you will not be able to take your child abroad without the other parent's consent.

“If you’ve been granted permission, bring a sealed copy of any court order you have, a consent letter and the child’s birth or adoption certificate. The UK Border Agency are alert to the risk of child abduction (one parent removing a child from the country without the consent of the other). They will often now check that the adult travelling has the appropriate consent, particularly if the child does not have the same surname”. 

4. Who legally owns a child’s passport in the UK?

“In family court cases involving the custody of a child's passport, the decision is made on a case-by-case basis, taking into account all relevant facts and circumstances. 

“One option is to have the passports travel with the children. For example, if the children go on holiday with their mother, the passports stay with her until the next holiday with their father. After that, the passports are with the father until the next holiday with the mother.

“Another option is for either the mother or father to keep the passports, but they must give them to the other parent for an agreed-upon holiday at least 28 days in advance. The passports must then be returned as soon as possible after returning home.”

5. What can I do if my ex won’t give me my child’s passport?

“If your ex will not hand over your child’s passport, you will usually have to apply for a Specific Issue Order, to ask the court to determine who should hold the child's passport and potentially establish guidelines for foreign travel arrangements.”

6. How do I get permission from the court to take my child abroad?

“If you both hold parental responsibility and you want to take your child on a holiday abroad, but your ex won’t agree, and there is no court order in place, an application to Court will be required. This will usually be a Specific Issue Order.”

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Richard Fernandes, a divorced parent and blogger at Dad.info shares his experience:

“It’s important to recognise the difference between your needs and your children’s needs. I might miss my kids if they are away from me for a week and that might be devastating to me. But if they're going on holiday with their Mum then for them that's a wonderful week. I shouldn't interrupt it or stop it for my needs (I miss them), or guilt-trip them due to my needs (it makes me so sad not to see you; it's been too long).

“During the holidays, it’s also difficult being bound to start and end days for care. While the children spend half their time with each of their parents during the holidays, it has been tricky to negotiate changes to the Friday to Friday arrangements in the court order for major holidays. That means I'm always looking for weeks away that run exactly from Friday to Friday which can be tricky for overseas flight times.

“Where flexibility has been granted, it often comes with a difficult understanding of what should be reciprocated. When I have had to ask for flexibility I have sometimes lost time as a result as their mother has then asked for longer for herself rather than purely exchanging days to end up even.”