Planning a summer holiday but worried your ex might say no? You're not alone.

Every year, separated parents contact us asking the same question:

"Can my ex stop me taking our child abroad?"

Understanding the legal procedures can help you feel more confident about taking your child abroad, reassuring you that the law often supports your plans.

At Harrington Family Law, we regularly help parents across Cleckheaton, Brighouse, Holmfirth, Huddersfield and West Yorkshire resolve holiday disputes quickly and, where possible, without the need for Court proceedings.

Do I Need My Ex's Permission?

In many cases, yes.

If both parents have parental responsibility (meaning legal rights and responsibilities for the child's welfare), you will usually need the consent of everyone with parental responsibility before taking a child outside England and Wales.

If you travel abroad (Scotland and Ireland are classed as abroad!) without the necessary consent, you could be accused of child abduction.

What If There Is a Child Arrangements Order?

This is where many people become confused.

If you have a Child Arrangements Order stating that the child "lives with" you, you are generally allowed to take the child abroad for up to 28 days without obtaining the other parent's permission, unless the Court Order says otherwise.

If there is no Lives With Order, you will usually need the consent of everyone with parental responsibility.

It is important that you check the wording on the order.

What Happens If My Ex Refuses?

Many parents assume that saying 'no' is enough to prevent travel. However, the Court will assess whether the refusal is reasonable based on the child's welfare and other factors.

If the refusal is unreasonable, you may be able to ask the Family Court for permission to take your child abroad. This involves submitting an application, attending a hearing, and the Court considering the child's best interests.

The Court will always consider:

• whether the holiday is genuine
• the child's welfare
• where you intend to travel
• whether the child will return to England
• how contact with the other parent will continue

The Court's priority is always the child's best interests.

Can I Take My Child Abroad If Court Proceedings Are Ongoing?

Possibly.

Each case is different.

If proceedings are already before the Court, it is often sensible to seek legal advice before booking anything.

Seeking early legal advice can make you feel more supported and prepared, helping to prevent last-minute cancellations and stress.

What Information Should I Give The Other Parent?

If you're asking for permission, it's sensible to provide:

• flight details
• accommodation details
• travel dates
• emergency contact numbers
• return flight information

Sharing detailed travel information can help you feel more reassured that you are doing everything possible to avoid disputes and ensure smooth travel.

What If My Ex Ignores Me?

This happens more often than people think.

If you have asked for permission and received no response, don't assume silence means consent.

Taking legal advice early can help avoid last-minute problems at the airport.

We Can Help

At Harrington Family Law, we advise parents throughout Cleckheaton, Brighouse, Holmfirth, Huddersfield, Bradford, Leeds and across West Yorkshire on:

• Child Arrangements Orders
• Holidays abroad
• Specific Issue Orders
• Prohibited Steps Orders
• Emergency Court applications
• Parental responsibility disputes

Whether you are worried about taking your child abroad or you have concerns about your child leaving the country with the other parent, our experienced family solicitors can explain your options in clear, practical language.

Speak To A Family Solicitor Today

Holiday disputes are often time-sensitive.

The earlier you obtain legal advice, the more options are usually available.

If you need advice about taking your child abroad after separation, contact Harrington Family Law today to arrange a free 30-minute consultation or a fixed-fee appointment.