Before booking a Christmas trip abroad with your child, check who must consent and whether a court order affects travel. A passport or a paid booking does not, by itself, give permission to take a child out of the country.

This guide concerns England and Wales. The right approach depends on your family’s circumstances and any existing court orders.

Check permission before committing to a booking

The general rule is that permission is needed from everyone with parental responsibility, or the court. There is a limited exception where a child arrangements order says the child lives with you: travel for up to 28 days may be permitted without the other person’s consent unless an order restricts it. Check the actual order and take advice if unsure.

The child arrangements team at MWG can help you understand which rules apply. Do not treat a routine agreement about Christmas contact as permission for an overseas trip.

Send a complete travel proposal

Give the destination, departure and return dates, accommodation details and travel arrangements. Explain how the trip fits with school attendance and the other parent’s time. Include an appropriate contact plan and relevant information about insurance or medication.

Make the request early, particularly if passports need renewing or the proposal changes existing holiday arrangements. Keep a record of the response. Silence should not be treated as consent.

Prepare the right documents

Written consent should identify the child, the consenting person and the trip, with contact details. Check destination and airline requirements separately; some countries require additional documents or formalities.

Keep the relevant court order, passport and evidence of your relationship with the child accessible. Different surnames can lead to questions at a border, so check whether supporting certificates are needed. Carrying paperwork is sensible preparation, but it does not fix a lack of legal permission.

What if the other parent refuses?

Try to establish the reason, where it is safe to communicate. Concerns may relate to missed time, travel logistics or a risk that the child will not return. A revised itinerary may address some practical issues; serious safeguarding concerns need individual advice.

If permission cannot be obtained and no exception applies, court permission may be necessary. Do not book on the assumption that an application will succeed or be decided before departure. Mediation may help some families reach agreement, but is not suitable in every case.

When there is a risk of removal or non-return

Seek prompt legal advice if you believe a child may be taken abroad without permission or kept overseas. Relevant facts include existing orders, proposed travel, the child’s usual home and any specific threats. Do not wait for a routine appointment if the issue is urgent.

MWG can discuss the circumstances and the legal options. International cases can involve additional rules, so general holiday guidance should not be used as a substitute for advice on a cross-border dispute.

Family law advice in Manchester

MWG Solicitors’ Family Law team in Manchester can help you understand the options, identify urgent issues and decide on practical next steps. Our family law services also cover separation and related disputes.

Further reading: GOV.UK: permission to take a child abroad. This article provides general information and is not a substitute for advice about your individual situation.