Applying for Court Permission to Travel With a Child

When separated parents in England and Wales want to take their child abroad - whether for a holiday, a family visit or a relocation - clear legal rules govern when court permission is required. These rules are designed to protect the welfare of the child, respect the rights of all those with parental responsibility, and prevent unlawful removal of children from the jurisdiction. This guide explains when court permission is necessary, which legal orders are relevant, the process of making an application, timing considerations, practical steps and common questions parents face when seeking permission to travel with a child. It draws on authoritative sources including the Children Act 1989 and verified family law guidance.

When Permission Is Required

Parental Responsibility and Consent

Parents or carers with parental responsibility (PR) have legal rights and responsibilities for a child's upbringing. Under section 13 of the Children Act 1989, if a Child Arrangements Order is in force specifying with whom the child lives, no person may remove the child from the United Kingdom without either:

• The written consent of every person with parental responsibility, or
• Permission of the court.

This rule also applies where there is no court order but more than one person has PR; consent from all PR holders or a court order is required for travel outside England, Wales, Scotland or Northern Ireland.

Short Trips Without Permission

There are limited exceptions:

• A parent with whom the child lives under a Child Arrangements Order may take the child abroad for up to 28 days without the other parent's written consent or a court order, provided there is no Prohibited Steps Order restricting travel.
• Exception rules like this stem from the Child Abduction Act 1984 and section 13(2) of the Children Act 1989.

For any trip abroad exceeding that period, or where there is no “lives with” provision, written consent or court permission is needed before travel.

Types of Court Permission

Parents who cannot obtain consent from others with parental responsibility may apply to the Family Court for specific orders:

1. Specific Issue Order

A Specific Issue Order is the most common application for travel disputes. It deals with a particular question, such as whether the child may be issued a passport, taken on a holiday or travel to a specific destination. The order is made under section 8 of the Children Act 1989.

A Specific Issue Order can:

• Permit the child to travel for a defined period.
• Authorise issuance of a passport when the other parent refuses.
• Define conditions such as dates, destination and return arrangements.

This form of order does not change living arrangements but answers a specific travel question.

2. Leave to Remove or Removal from Jurisdiction

When a parent seeks to relocate permanently or for an extended period outside the UK with a child, the correct application is often described as leave to remove or a Removal from Jurisdiction Order. The court considers the longer‑term implications of such a move, including the impact on contact with the other parent.

The steps are similar to a Specific Issue Order, but the focus is on the effect of permanent or extended relocation on the child's life and relationships.

3. Prohibited Steps Order

If a parent anticipates that the other might take the child abroad without consent, they can apply for a Prohibited Steps Order. This order forbids a parent from removing the child from the UK or doing another specified action without court permission.

This can be sought even where the law does not formally require consent - for example, internal UK moves - where there is a genuine concern about future removal.

How to Apply

Mediation First

Before applying to court, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether agreement is possible without court intervention. There are exceptions, such as where there is risk of harm.

Court Forms and Procedure

An application starts with Form C100 (or Form C2 for interim applications in existing proceedings). The application must state the nature of the dispute and details of the proposed travel, such as destinations, dates, reasons and supporting evidence.

The court may:

• Serve the application on the other parent/PR holders.
• Request supporting documents or evidence.
• Schedule hearings, including initial and final hearings.

In contested cases, the court will apply the welfare checklist under the Children Act 1989, focusing on the child's best interests in deciding whether to grant travel permission.

Role of Family Court Advisers

In contested applications, the court may ask CAFCASS (Children and Family Court Advisory and Support Service) to prepare a welfare report. CAFCASS may interview the child (where appropriate), the parents and others to provide an independent assessment of the child's needs and the impact of proposed travel.

Time Limits and Preparation

Timing

Family Court applications can take several weeks to several months to conclude, particularly if contested. It is therefore important to apply well in advance of planned travel whenever possible. Applying at short notice reduces the likelihood of the court hearing the application before travel dates.

Documentation

Supporting evidence should include:

• Travel details: dates, destinations, accommodation.
• Passport and travel documentation.
• Correspondence showing attempts to obtain written consent.
• Evidence of how travel fits with existing contact arrangements.
• Any relevant welfare concerns.

Clear documentation helps the court understand both the travel plan and how it serves the child's best interests.

Practical Risks and Legal Consequences

Breach and Abduction Offence

Removing a child abroad without required consent or a court order may amount to child abduction under the Child Abduction Act 1984. This offence carries both civil and potential criminal consequences, including orders for the child's return and possible contempt proceedings.

Passport and Border Issues

A child's passport cannot be used without consent from all PR holders. In disagreements, one parent may hold the passport or lodge concerns with HM Passport Office to prevent replacement without consent or order.

Border officials in some countries may also ask for written evidence of consent when a child travels with one parent.

Common Questions

Do I need court permission for UK travel?
Only travel outside the UK triggers the statutory requirement for consent or court permission under section 13 of the Children Act 1989. Travel within the UK does not fall under the child abduction rules.

Can a temporary “lives with” order avoid court permission?
A “lives with” provision allows short trips abroad (up to 28 days) without court permission, but it must be clear in the order, and travel must not disrupt existing contact rights.

What if the other parent unreasonably refuses consent?
If no agreement is reached despite reasonable attempts, the applicant may proceed to court. The court will consider evidence, including whether consent was unreasonably withheld, in deciding on the Specific Issue Order.

Key Takeaways

In England and Wales, taking a child abroad without the consent of all persons with parental responsibility - or without court permission - can lead to serious legal complications. Short trips of up to 28 days may be permitted under certain Child Arrangements Orders, but longer or contested travel generally requires a Specific Issue Order or similar court permission. Parents should attempt mediation first, prepare detailed applications with supporting evidence, and apply well in advance of planned travel. The court applies a child‑centred welfare test in deciding whether to grant travel permission. Knowing the legal framework and procedural steps involved helps parents make informed applications that prioritise the child's welfare and reduce the risk of disputes or unlawful removal.