Planning summer holidays after separation – taking children abroad

The summer holiday period is one of the busiest times of year for families planning trips abroad. For separated or divorced parents, however, especially those who are newly separated, arranging travel with children can sometimes raise important legal considerations that should not be overlooked.

In Scotland, where parents have parental responsibilities and rights (PRRs), these include the right to have the child live with them or regulate their residence, to maintain personal relations and direct contact, and crucially, to consent to the child being taken outside the UK. Both parents automatically have PRRs if they were married when the child was born, the father is named on the child’s birth certificate, or PRRs have been granted through a court order. Generally, if both parents hold PRRs, both must agree before a child is taken abroad.

This means that even where one parent is the primary day-to-day carer, they will usually still need the other parent’s consent before travelling internationally with the child. Without agreement, taking a child out of the UK could potentially lead to serious legal consequences, including urgent court action.

During the summer holidays, disagreements can become more common as parents seek to plan trips that fit around school breaks, work commitments, and existing contact arrangements. Where communication breaks down, this can quickly create stress and uncertainty for both parents and children.

To minimise the risk of conflict, early discussion and clear written agreement are strongly recommended. This should include full details of the proposed trip, such as travel dates, destination, accommodation, and emergency contact information. Many parents also find it helpful to set out holiday arrangements in a formalised parenting plan or, where necessary, a court order.

If one parent withholds consent unreasonably, it may be possible to apply to the Sheriff Court for a Specific Issue Order. The court will consider what is in the best interests of the child, taking into account their welfare, the purpose of the trip, and the impact on existing care arrangements. In some cases, permission to travel may be granted even without mutual agreement.

It is also important to be aware that travel documentation requirements can vary depending on the destination. Airlines and border authorities may request evidence of consent or proof of parental rights, and failure to provide appropriate documentation can result in travel being refused.

At Ness Gallagher Solicitors, we advise parents across Lanarkshire on all aspects of separation, child contact, and relocation issues. Our focus is on helping families reach practical and workable solutions that prioritise the welfare of the child while reducing unnecessary conflict.

Louise Gillies, who heads up our Family Law team at Ness Gallagher, is a member of the Family Law Association, an Accredited Mediator in Family Mediation, and is also a member of CALM Scotland (Comprehensive Accredited Lawyer Mediators). Her expertise reflects our commitment to supporting families through separation with a constructive and resolution-focused approach.

With the right preparation and clear communication, summer holidays can remain a positive experience for children and parents alike, even following separation. It is vital however to fully understand the legal position in Scotland before booking travel to help ensure plans go ahead without avoidable disruption.