29/04/2025
Planning Ahead: Why Separated Parents Must Agree on Summer Holidays Abroad
By James Wyatt, Director of Puzzle Piece Law – Birmingham South
As the summer approaches, many families begin making holiday plans, especially when it comes to taking children abroad. However, for separated parents, what should be an exciting and memorable time can quickly turn into a legal headache if proper arrangements aren’t made in advance.
At Puzzle Piece Law – Birmingham South, we regularly support parents caught up in disputes over international travel with their children. These conflicts often arise when one parent books a trip without the other’s consent or fails to share important details, such as travel dates, destination, accommodation, or contact information abroad.
The law is clear: unless a parent has a Live With Order (formerly residence order) naming them as the primary carer, they must obtain written consent from the other parent with parental responsibility before taking a child out of the country – even for a short holiday. Failing to do so can result in serious consequences, including accusations of child abduction or emergency court applications to prevent travel.
It’s not just about legality—it’s about respect and cooperation.
“Going abroad with your children after separation shouldn’t be a battle—it should be about working together for their benefit,” says James Wyatt, Director of Puzzle Piece Law – Birmingham South. “When parents fail to communicate or make assumptions, it’s the children who suffer. Court should always be the last resort.”
Parents who can’t agree on summer holiday arrangements are encouraged to start conversations early, ideally before bookings are made. If disagreements arise, mediation or legal advice can help reach a fair compromise that puts the child’s welfare first.
In high-conflict cases or where there are safeguarding concerns, a court can decide whether foreign travel is appropriate. However, litigation is stressful, costly, and time-consuming—far from the ideal lead-up to a family holiday.
Tips for Parents Planning Travel Abroad After Separation:
• Always discuss travel plans well in advance.
• Provide full details: dates, destination, accommodation, and flight info.
• Put any agreement in writing.
• If consent isn’t given, seek legal advice early to avoid rushed court proceedings.
• Remember: communication now avoids conflict later.
Summer should be a time for making memories—not fighting legal battles. With planning, openness, and a focus on the children, separated parents can navigate the holiday season smoothly, legally, and with peace of mind.