TRAVEL // Avoiding Legal Turbulence when Travelling with Children
Planning an overseas trip with your child can be exciting—but for separated parents, it comes with legal responsibilities that can't be ignored. From obtaining consent to understanding court orders and the risk of international child abduction, we spoke with Jennifer Pollock of Irwin Mitchell to uncover the essential steps to take before you travel. Whether you're heading abroad for a holiday or visiting family, knowing the legal framework will help you avoid costly and emotionally charged disputes.
Family lawyers often see cases where poor planning or miscommunication about international travel leads to last-minute court applications—or worse, allegations of international child abduction. Here's what you need to know to keep your plans on track and within the law.
The Legal Basics: Consent Is Key
If you are planning to travel abroad with your child without the other parent, and both of you have parental responsibility, you must have their written consent. This applies regardless of your marital status or the nature of your parenting relationship.
Consent should ideally be documented in writing—something as simple as a signed letter can suffice, although including details like dates, destination, and your return plans adds clarity. In some countries, you may also be required to have the letter notarised, especially if your child has a different surname from you. Always check with the embassy or consulate of the destination country before you travel.
When You Don’t Need Consent: The Child Arrangements Order Exception
If you have a Child Arrangements Order (CAO) that states the child “lives with” you, you can take them abroad for up to 28 days without needing the other parent's permission. However, this is only applicable if there is no prohibition in the order itself and the trip is not disruptive to the child's schedule, such as schooling or existing commitments.
If Consent Is Refused: Seek a Specific Issue Order
When co-parents can't agree, and there's no existing CAO granting travel rights, you can apply to the court for a Specific Issue Order under Section 8 of the Children Act 1989. This enables the court to decide whether international travel is in the child’s best interests.
Courts will consider:
The purpose and duration of the trip
The impact on the child’s welfare and routine
The relationship between the child and both parents
In most reasonable holiday scenarios, courts are supportive of allowing children to travel—especially if it contributes to their cultural development or strengthens ties with extended family.
Crossing the Line: When Travel Becomes Child Abduction
Without the necessary consent or a court order, taking a child abroad—even temporarily—can amount to child abduction under both UK law and international law, specifically the Hague Convention on the Civil Aspects of International Child Abduction.
Child abduction is a criminal offence, and consequences can include arrest, return orders, and long-term damage to parental trust and court credibility.
Habitual Residence: A Complex But Critical Concept
Determining whether a child has been abducted often hinges on the concept of habitual residence—a factual assessment of where a child is most “settled” in terms of family, schooling, healthcare, and day-to-day life.
Habitual residence is not fixed and can change rapidly—sometimes in as little as a few weeks. A 2021 report from the International Centre for Family Law, Policy and Practice notes that nearly 40% of abduction cases involve disputes over where a child is truly habitually resident.
The Court considers a wide range of factors, including:
The child’s school or nursery attendance
Relationships with peers and family
Healthcare registration
Primary language
Duration and purpose of time spent in different countries
Case Spotlight: AB and CD [2019] EWHC 3381
This case illustrates how easily legal complications can arise. A 12-month-old boy, “E,” had spent significant time in Brazil with his mother and extended family. The father claimed E had become habitually resident in Brazil and accused the mother of abduction when she returned to the UK. The mother argued that their stay in Brazil was always intended to be temporary.
The Court sided with the mother, finding that E’s life remained most connected to the UK. As the judge noted: “E’s world and his security is very much tied up with those who care for him.” The case highlights the importance of clearly communicating travel intentions and avoiding ambiguity about whether a trip is a holiday or a permanent move.
Extended Trips: More Than Just Holidays
For parents with international connections, it’s common to consider extended visits to family overseas. However, such trips can easily trigger legal issues if they are perceived—rightly or wrongly—as relocation attempts.
A study by Reunite International found that nearly 30% of wrongful removal cases involved one parent claiming the trip was a holiday while the other believed it was a permanent move. Misunderstandings like these can escalate quickly into legal battles, especially if trust between parents is already strained.
Tips to Stay on the Right Side of the Law
Discuss your travel plans well in advance. Include dates, destination, accommodation, and the child’s travel companions.
Get written consent from the other parent if they share parental responsibility.
Carry supporting documents such as the child’s birth certificate, your CAO (if applicable), and a consent letter at the airport.
Check entry requirements of your destination country—some nations require notarised consent for minors.
Avoid ambiguous language when discussing the purpose of your trip—especially in messages or emails that may later be used as evidence.
Get legal advice if there’s any uncertainty about whether your travel plans might be challenged.
Travelling abroad with your child should be a time of joy and connection—not legal anxiety. In the complex world of co-parenting and international travel, planning, transparency, and legal clarity are your best tools for avoiding turbulence.
If you're unsure about your rights or responsibilities, consult a family law solicitor before you book those tickets. A little legal foresight can save a lot of heartache later on.
Travel Checklist for Separated Parents Travelling Abroad with a Child
BEFORE YOU BOOK:
☐ Discuss plans with your co-parent early (destination, dates, accommodation, etc.)
☐ Check who has parental responsibility
(Consent is needed from all individuals with PR unless a relevant court order is in place)
☐ Review any existing court orders, especially a Child Arrangements Order
☐ Seek legal advice if unsure about your rights to travel
DOCUMENTS TO PREPARE:
☐ Written consent from your co-parent (include full names, travel dates, destination, and return plans)
☐ Child’s full birth certificate (especially if you have a different surname)
☐ Passport(s) – ensure validity for both you and your child
☐ Copy of any relevant court orders (e.g. Child Arrangements Order or Specific Issue Order)
☐ Travel insurance covering both you and your child
IF TRAVELLING WITHOUT CONSENT:
☐ Apply for a Specific Issue Order (do this well in advance of your travel date)
☐ Have evidence of why the trip is in the child’s best interests
AT THE BORDER:
☐ Carry all documentation in your hand luggage
☐ Be prepared to explain your relationship to the child and show proof of consent or legal authority
BONUS TIPS:
☐ Avoid vague language like “extended visit” if it's just a holiday
☐ If staying with relatives, share contact details with your co-parent
☐ Consider using a parenting app (like OurFamilyWizard) to document agreements
