Taking children on holiday after a divorce

Posted on May 15, 2026

With the summer holidays approaching and parents beginning to make plans, it’s important to remember that if you are divorced or separated and have children, there are both legal and practical considerations to think about before booking a trip. Planning ahead can help avoid last-minute issues.

Family holidays may look a little different for divorced and separated families, but they are still incredibly valuable for children. However, the legal implications of travelling, especially abroad, should always be considered in advance.

Consent for holidays

Legally, if both parents have parental responsibility, you must have the other parent’s consent before taking a child out of the country. Travelling without permission is taken very seriously by the courts and could even be considered child abduction.

“Generally, as with all things concerning children and parents who have separated, I would say that open and honest communication is vital,” says Divorce Solicitor and head of Family Law at Pearson, Emma Kendall.

Consent to take a child on holiday should be in writing, signed and dated, and include full travel details and contact information. Many airlines and border authorities request evidence of consent, particularly if the parent and child have different surnames.

“It is often in the child’s best interest to have a holiday. Trips abroad can be exciting and fulfilling, and it’s usually only when there is a safeguarding issue that problems arise,” adds Emma Kendall.

Can a parent take a child on holiday without consent?

However, if you have a child arrangement order (formerly a residence order) stating that the child lives with you, you can take them abroad for up to 28 days without the other parent’s permission—unless there is a court order preventing this. In situations where both parents have a “lives with” order, each parent has this right.

“Even when this is the case, I always advise clients to inform the other parent that they are going away and provide full holiday details including the country, accommodation, duration, and travel arrangements, just to keep everything clear and above board, and of course in the child’s best interests,” says Emma.

Can my ex-partner stop me from taking my child on holiday?

If consent is refused, an application can be made to the court for a Specific Issue Order, granting permission. The court will consider both sides and make a decision based on the child’s best interests.

“Whilst most parents see the benefit of a holiday, we have had cases where consent is refused. In that situation, we can apply on behalf of the parent and ask the court for permission. This is something the team at Pearson can assist with and have extensive experience in,” explains Emma.

“Similarly, if you are concerned about your child going away—for example, if you fear they may not be returned, or there is a safeguarding issue—then we can help provide all the information needed for a Prohibited Steps Order.”

Given delays in the court system, it can take weeks or even months to resolve these types of matters. The Pearson Solicitors team therefore recommends making holiday plans early, ideally at the start of the year, so parents have time to address any issues or seek legal advice if needed.

“Taking your child on holiday after divorce or separation is usually straightforward but only if the correct legal steps are followed. The key is understanding parental responsibility, obtaining the right consent, and acting in the child’s best interests at all times,” says Emma.

How can we help?

For legal advice on child arrangement orders and holidays or other family matters contact our family law solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.