Navigating Summer Holidays Abroad: A Guide for Separated Parents

• Plan Ahead: Try to agree on holiday arrangements with the other parent as far in advance as possible.
• Document in Writing: Make sure all agreements are documented in writing before booking any travel plans.
• Share Trip Details: Provide the other parent with all relevant trip details, including flights, accommodation, and emergency contact information.

• Research Requirements: Some countries have quite strict requirements on proving that you have travelled from the UK with your children lawfully,and can refuse you entry if you do not meet them.  For example, South Africa has very onerous rules that in part require a signed authority from the other parent.
• Prepare Documentation: Ensure you have all necessary documents to prove lawful travel from the UK with your children.

• Court Orders: If a court order states your children “live with” you, you can travel abroad with them for up to 28 days without the other parent’s consent, unless specified otherwise by the court. Many of our clients have succeeded in obtaining these orders, which can counter a controlling other parent. 
• Parental Responsibility: If no court order exists or it states “spend time with” rather than “live with,” you need consent from anyone else with parental responsibility to travel abroad with your children. 

• Parental Responsibility: If you are unsure who holds parental responsibility for your children, seek legal advice.
• Court Orders for Disputes: If the other parent will not agree to your travel plans, you can apply for a “specific issue order” to get court permission. Conversely, if you are concerned about the other parent taking the children abroad without your consent and you think there is a good reason they should not be permitted to go, you can apply for a “prohibited steps order” to prevent them.

• What the Court Will Consider: The family court assesses what is in the children’s best interests in each specific circumstance. The court generally sees holidays with each parent as positive experiences for children and errs on the side of allowing them, but there are a number of major reasons why it may not, for example if the proposed holiday:

1. 1. Occurs during school term time.
   2. Is very out of keeping with the children’s usual arrangements (e.g., a lengthy trip with a parent they do not often stay overnight with).
   3. Is to a country the Foreign, Commonwealth & Development Office (FCDO) advises against visiting.

• Serious Consequences: Taking children abroad without the other parent’s consent or court permission can lead to criminal charges for suspected child abduction.
• Act Quickly in Suspected Abduction Cases: If you suspect the other parent plans to take your children abroad without returning them, consult a solicitor urgently. If they may be leaving imminently (within the next 48 hours), contact the police.

Just this week, we've encountered two new cases with similar issues. In one instance, we had to make an urgent court application to prevent a parent from taking their child to Cyprus. In another, we helped a parent secure permission to travel to France, with the court requiring the child's passport to be handed over. These situations can be distressing and costly, especially when flights and accommodation are already booked. Unfortunately, we also often see parents refusing holiday requests as a form of controlling behaviour. This behaviour should not set a precedent for future trips.

• Legal Assistance: If you need advice or assistance with travel disputes, securing the return of children from abroad, or dealing with child abduction cases, seek professional legal support. At Freeths, we have a wealth of experience of dealing with these sorts of situations swiftly and sensitively. If the worst happens, and you need to try to secure the return of your children from a foreign country, we can advise and assist you.