Can my ex take my child abroad? The rules

Your ex can't take your child abroad without permission from everyone with parental responsibility, or from a court. The main exception is a parent named in a child arrangements order as someone the child lives with: they can take the child abroad for up to 28 days, unless a court order says otherwise. Without permission, it can be child abduction.

In short

Your ex needs permission from everyone with parental responsibility, or from a court, to take your child abroad. The same rule applies to you.
A parent named in a child arrangements order as someone the child lives with can take them abroad for up to 28 days without permission, unless a court order says otherwise.
A consent letter should give the child's details, where you're going, the travel dates, and the consenting parent's contact details and signature. Carry the child's birth certificate too.
If the other parent refuses, you can ask the court for a specific issue order on form C100, for a £270 fee. Apply well before the trip.
If you think your child will be taken abroad within the next 48 hours without your consent, call the police, who can issue a port alert.

The same rules apply to you. Most holidays go ahead with a quick conversation and a signed letter. This guide explains who needs to agree, what a consent letter should say, how passports work, and what to do if your ex refuses, or if you're worried they won't bring your child back.

28 daysthe longest a parent with a "lives with" order can take a child abroad without permissionGOV.UK

7 yearsmaximum prison sentence for taking a child out of the UK without consentChild Abduction Act 1984

£270court fee to ask a court for permission when the other parent says noGOV.UK, from 13 July 2026

Do I need my ex's permission to take our child on holiday?

Yes, in most cases. You need the permission of everyone with parental responsibility for your child, or permission from a court (GOV.UK). That applies to separated and divorced parents alike, however short the trip.

A mother automatically has parental responsibility. A father has it if he was married to the mother when the child was born, or if he registered the birth jointly with her, or later gets it by agreement or court order (GOV.UK). Even if you're the parent your child lives with most of the time, you still need the other parent's agreement if they have parental responsibility.

The rules work both ways. Your ex needs your permission to take your child abroad, and you need theirs. Agreeing holidays well ahead, ideally in a written parenting plan, saves a lot of last-minute arguments. Our guide to co-parenting after divorce covers how to set that up.

What is the 28-day rule?

If a child arrangements order says your child lives with you, you can take them abroad for up to 28 days without anyone's permission, unless a court order says you can't (GOV.UK). The law itself says "less than one month" (Children Act 1989, section 13).

Three points are easy to miss:

It only applies to a parent named in the order as someone the child lives with. A parent whose order only says the child spends time with them still needs permission.
For longer trips, or a move abroad, a "lives with" parent still needs written consent from everyone with parental responsibility, or the court's permission.
The trip mustn't clash with the other parent's time under the order. Taking a child away during the other parent's contact could breach the order, even if the trip itself is allowed.

Even when you don't need permission, tell the other parent where you're going and when you'll be back. Carry a copy of the order in case a border officer asks why you're travelling with the child.

Is it child abduction to take a child abroad without consent?

It can be. Under the Child Abduction Act 1984, it's a criminal offence for a parent, or someone else connected with a child under 16, to take or send the child out of the UK without the appropriate consent (legislation.gov.uk). The maximum sentence is seven years in prison (section 4).

There are defences, for example if you reasonably believed the other parent had agreed or would have agreed, or you took all reasonable steps to contact them and couldn't. The law also has a defence where the other parent unreasonably refused, but that doesn't apply if they're named in a "lives with" order or if the trip breaks a court order. Relying on a defence is a risky way to go on holiday. If your ex won't agree, ask the court.

A letter of consent from the other parent is usually enough. You may be asked for it at the UK border or abroad, or if permission is disputed later. GOV.UK says it should include the other parent's contact details and details about the trip (GOV.UK). A clear letter covers:

your child's full name, date of birth and passport number
the name of the adult travelling with them
the country or countries you're visiting and where you'll be staying
the date you leave and the date you return, with flight or ferry details if you have them
a sentence saying the parent consents to the trip
the consenting parent's full name, address, phone number and email
their signature and the date

It also helps to carry your child's birth or adoption certificate to show your relationship. If your surname is different from your child's, a divorce or marriage certificate can help too (GOV.UK). Some countries have their own rules for children travelling with one parent, and the age at which someone counts as a child varies, so check with the embassy of the country you're visiting before you book.

A signed letter, a copy of the birth certificate and the other parent's phone number cover most holidays.

Who controls the children's passports?

For a child under 16, a passport application needs consent from someone with parental responsibility. HM Passport Office doesn't always need both parents to agree, but it does when a court order says everyone with parental responsibility must consent (HM Passport Office).

If you're worried, you can ask HM Passport Office not to issue your child a passport. It will usually only act if you have a court order, so contact the Passport Adviceline first (GOV.UK). Don't try to stop a passport if your child has already been taken abroad: GOV.UK warns that it makes getting them back harder and may be against the law.

Who keeps the passports day to day is something to agree and write down. If it becomes a dispute, the court can decide.

What if the other parent refuses?

Start by finding out why. Often it's a practical worry: the dates, how to stay in touch, or whether the child will definitely come back. Sharing the itinerary, agreeing video calls and offering a return ticket can settle it. A mediator can help if you can't talk directly.

If they still say no, you can apply to the family court for permission. You use form C100 to ask for a specific issue order, and the court fee is £270 (GOV.UK). Give the court the departure date, when and how you'll return, and contact details for everyone with parental responsibility who is staying in the UK. For longer trips, you'll need to give more information, such as what education your child will get while they're away (GOV.UK).

The court decides based on your child's welfare. Apply early: a court date can take weeks or months, so leave plenty of time before a summer holiday. You'll usually need to attend a MIAM first unless the application is urgent. Our guide to applying for a court order without a solicitor covers the process. Moving abroad permanently is a much bigger application, and it's worth speaking to a family solicitor before you start.

What if I'm worried my ex will take our child abroad?

If you think your child is about to be taken, act straight away (GOV.UK):

Call the police if you think your child will be taken abroad within the next 48 hours without your consent. They can issue a port alert to stop the child leaving the UK. It lasts 28 days and needs a court order to extend.
Apply for a court order. A prohibited steps order can stop the other parent taking your child out of the country. In an emergency, a court can hear an application without the other parent being told first. A family solicitor can act quickly for you.
Ask HM Passport Office not to issue a passport, using your court order.
Contact the other parent's embassy if they have a different nationality, and ask it not to issue your child a passport. It doesn't have to agree.
Call Reunite, the UK charity that advises parents on international child abduction, on +44 (0)116 2556 234 (Reunite). It helps with prevention as well as cases where a child has already been taken.

If your child has already been taken, report it to the police and contact the Foreign, Commonwealth and Development Office on +44 (0)20 7008 5000. Many countries have signed the 1980 Hague Convention, which can help return children under 16 (GOV.UK).

If your ex is controlling or threatening, it may also be domestic abuse. The National Domestic Abuse Helpline is free and open 24 hours on 0808 2000 247, and men can call the Men's Advice Line on 0808 801 0327 (GOV.UK). In an emergency, call 999.

Agree holidays before they become a dispute

The co-parenting planner has space for school holidays, travel abroad and who holds the passports, so both homes work from the same plan.

See the co-parenting planner£12, instant download

Planning the school holidays more widely? Our guide to Christmas arrangements for separated parents covers sharing the holidays at home, and dealing with a difficult ex has advice for when every arrangement turns into an argument.

Need help agreeing travel or stopping a trip?

Tell us what's happening and we'll introduce you to two or three family solicitors or mediators who can help. The introduction is free, and they'll tell you their fees before you agree to anything.

Get matched

Common questions

Can my ex take my child abroad without my permission?

Not usually. Anyone taking a child abroad needs permission from everyone with parental responsibility, or from a court. The exception is a parent named in a child arrangements order as someone the child lives with, who can take the child abroad for up to 28 days unless a court order says otherwise.

Do I need a consent letter if I have a child arrangements order?

If the order says your child lives with you, you don't need permission for trips of up to 28 days. It's still sensible to carry a copy of the order and your child's birth certificate, and to tell the other parent where you're going.

What should a consent letter for travelling with a child include?

Your child's name, date of birth and passport number, who they're travelling with, where they're going and staying, the travel dates, and the consenting parent's name, address, phone number, email, signature and the date.

What if my ex won't let me take our child on holiday?

Try to agree first, with a mediator if needed. If they still refuse, you can apply to the family court on form C100 for a specific issue order giving you permission. The fee is £270, and the court decides based on your child's welfare.

What happens if I take my child abroad without permission?

It can be a criminal offence under the Child Abduction Act 1984, with a maximum sentence of seven years in prison. The other parent can also ask for your child's return under international agreements such as the 1980 Hague Convention. If permission is a problem, ask the court before you travel.

Sources

This guide is general information about family law, not legal advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.

Can my ex take our child abroad?