Taking a child on holiday after a separation – do you need consent?

When parents separate, navigating issues around childcare, custody, and parental responsibilities can be complex, especially when it comes to taking a child on holiday. Whether you’re planning a trip abroad at Easter or just a short break within the UK, it’s crucial to understand the legal requirements around consent from the other parent. 

The key consideration is whether both parents have parental responsibilities and rights (PRRs). If both parents have PRRs, the general rule is that you need the consent of the other parent to take the child abroad, but not necessarily for travel within 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.

If you are planning a trip within Scotland, England, Wales, or Northern Ireland, you generally do not need the other parent’s consent – unless there is a specific court order in place restricting travel. However, it’s always advisable to inform the other parent about the holiday plans, especially if it will affect regular contact arrangements. Keeping communication open can help avoid misunderstandings and conflict.

Taking a child outside of the UK is more legally complex. If both parents have PRRs, you need the explicit consent of the other parent or a court order allowing the trip. If the other parent refuses to give consent, you can apply to the court who will assess the situation and make a decision based on the child's best interests. If however you have a court order granting you sole custody, you are allowed to take the child abroad for up to 28 days without the other parent’s consent.

Taking a child abroad without the necessary consent or court order could be treated as child abduction under Scottish and international law, and could end up in legal action from the other parent and involvement from the police.

If you are recently separated and considering going away over the Easter holidays or are planning a trip abroad this summer with your child, it is useful to speak to the other parent well in advance to agree on plans, and if the other parent agrees to the trip, ask them to provide written consent. 

At Ness Gallagher, we understand how stressful these situations can be. Taking a child on holiday after separation requires careful legal consideration, especially if you’re travelling abroad. Understanding your legal rights and responsibilities – and securing the other parent’s consent where necessary – will help ensure a stress-free holiday. Our experienced family law team can help you if the other parent is refusing to cooperate or you’re concerned about the legal implications of a trip. We are committed to protecting your parental rights and ensuring that your child’s best interests remain the focus.