HM Passport Office & taking children abroad — rules for separated parents
REVIEWED BY: Sean McNamara on 2026-08-27
Why this matters
After separation, two questions come up constantly: who holds the child's passport, and can one parent take the child abroad? Getting this wrong can be child abduction in law — or can wrongly block a lawful holiday.
The rules (England & Wales)
- Holidays: taking a child abroad without the other parent's written consent — or a court order — is illegal if a child arrangements order ("lives with") is in force (and is risky even without one)
- Passports: either parent with parental responsibility can normally apply, but you should agree who keeps the passport; the Passport Office won't referee disputes
- If you fear removal: apply to the court for a Prohibited Steps Order (see our guide) and tell the Passport Office; urgent orders are possible
- If a child is taken abroad unlawfully: contact the police (999 if just departing) and the HM Courts abduction team; international cases engage the 1980 Hague Convention
The right way to agree a holiday
1. Ask early, in writing, with full itinerary 2. Give flight/accommodation details and a return date 3. Keep consent in writing (a signed message is fine) 4. If refused unreasonably — or you can't get consent — apply to court for a specific issue order (see our prohibited/specific issue guide)
Official links
- https://www.gov.uk/permission-take-child-abroad
- https://www.gov.uk/government/publications/international-parental-child-abduction
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMPO or gov.uk.
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.