Taking a child abroad on holiday — consent letters and the one-month rule
REVIEWED BY: Sean McNamara on 2026-08-31
Do you need the other parent's consent?
For trips abroad, the starting point is consent from everyone with parental responsibility. The main exception is in the Children Act 1989: a person named in a child arrangements order as the person with whom the child lives may take the child out of the UK for up to one month without the other parent's consent (s.13(1), (4) and (5)), unless a court has ordered otherwise. If you do not have a child arrangements order naming you as the residential parent, you need consent for every trip — even a weekend in France.
The consent letter
Border forces and carriers routinely ask travelling parents for evidence of consent. A good letter includes:
- each child's full name and date of birth
- the destination, travel dates and itinerary
- the accompanying adult's name and relationship to the child
- a clear statement of consent from every parent not travelling, with their contact details and signature
- copies of relevant ID or court orders
The non-travelling parent signs it; there is no single required government form, and gov.uk travel guidance recommends carrying a consent letter for any child travelling without one or both parents.
When consent is refused or withheld
- Negotiate first — unreasonably refusing a reasonable holiday is something the court notices.
- Mediate: most holiday disputes must go through a MIAM before a court application.
- Court: a specific issue order can authorise the trip; a prohibited steps order can block it. The standard Children Act application fee is £270 (from July 2026, EX50).
- The court will weigh abduction risk, ties to the UK, the reasonableness of the trip and the child's wishes.
Planning ahead
Put holiday rules in a parenting plan or a consent order early — travel dates, notice periods and information-sharing. For one-off trips, ask in writing and keep the reply; written records win arguments later.
General information only, not legal advice.
YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the judiciary, or gov.uk. This page is general information and is not legal advice. Court practice changes; always check the current practice directions and consider getting advice from Support Through Court or a solicitor. Sources: Children Act 1989 s.13; gov.uk foreign travel guidance for children.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.