You may be looking to take your child on holiday following a separation or divorce with your partner and may be asking yourself do I need fathers permission take child abroad. In deciding whether you need the fathers permission to take a child abroad the key factor is parental responsibility and whether the other parent has the protection of this.

All mothers are automatically given parental responsibility. However a father will have Parental Responsibility if:

• He was married to the mother at birth or after,
• His name is on the birth certificate,
• A Parental Responsibility order has been granted by the court, or
• The father has obtained a Parental Responsibility Agreement from the mother.

If both parents have parental responsibility over the child and there are no child arrangements order then the answer is yes, you will need the fathers written consent to take the child abroad. If you are unable to obtain a written consent from the father, then you may need to apply to the court for permission to take the child abroad.

It is important to note that taking a child on holiday without a father’s consent is not an issue if a father does not have parental responsibility.

If there is a child arrangement order in place which confirms the child is to live with the mother, then you will not need to obtain the fathers permission to take the child abroad providing you are only going away for up to 28 days and question of whether I need fathers permission to take child abroad will not apply.

If the mother has an order from the court relating to the child residence then a father may not be able to stop a mother taking the child on holiday unless there is a genuine objection which concerns the welfare of a child. In such instances the father may need to apply for a prohibited steps order or a specific issue order to stop the mother taking the child away.

In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction. Abduction is failure to return the child following an agreed period.

If you are a concerned father and need to discuss your circumstances contact our child law specialists who will be able to provide you with a free consultation to discuss your matter in confidentiality.

As separation between parents can be an extremely stressing time emotions can often lead to one or both parents becoming unreasonable. It is commonly reported to be this reason for a child not being given consent to go on holiday.  

Although a mother has automatic parental responsibility it is recommended to get the fathers consent to take a child abroad. This would avoid any possible allegations of child abduction which amounts to a criminal offence. Most airport securities will query whether the other parents permission has been provided before allowing a child into the country; so it can be safe to be prepared.

A common question asked by many fathers is can I take my child on holiday without mothers permission?

As the mother has automatic parental responsibility a father can only take the child abroad on holiday without the mothers permission if they have a child residence order and the child lives with them. In such instance the father can take the child abroad providing this does not exceed 28 days.

If the father does not have a child residence order then they must first try and obtain the mothers written consent, failing which they will need to apply to the court for permission to travel with the child. If you require assistance with obtaining the relevant consent, please contact our family law experts who would be happy to assist.

What is parental responsibility taking child abroad? 

Parental responsibility is the legal rights, responsibilities and authority a parent has for a child. Without a parental responsibility, a parent will not be able to take the child abroad and holiday and if they do then this will be classed as child abduction which is a criminal offence.

Can I stop my ex taking my child abroad? 

A common question during the school holidays is can I stop my ex taking my child abroad. This depends on whether you are the mother or the father of the child. If you are the mother, then you would have automatically acquired parental responsibility. If your ex-partner does not have parental responsibility then you can stop them from taking your child.

If they have parental responsibility then and the court has ordered the child to reside with you then again you will be able to prevent them from taking the child unless you provide your consent. If however the father has a child residence order then they can take the child away for up to 28 days.

If a father wants to take their child abroad for holiday then a mother can stop them taking the child away unless the father has child residence in which case they can take the child away for up to 28 days. In all other cases the father must either obtain the mothers written consent or consent from the court.