Request a callback

Submit your details, and we"ll arrange a free, no-obligation callback at a time to suit you. Please note that we cannot offer Legal Aid.


Holidays with children after divorce

Wednesday February 15, 2023


With spring in the air and summer fast approaching, you might be considering some timeout abroad with family to decompress and spend quality time together, but did you know your divorce could make your holiday planning process look a little different than usual?

Here, we tell you everything you need to know before you go ahead and book your family break.

Refer to Child Arrangements

If you have recently separated from your partner, its important to note that taking a child abroad without appropriate permission from the other parent can actually be regarded as child abduction. This could lead to criminal charges, therefore it is integral that you refer back to the decisions made around shared care before hopping on a flight.

This may differ depending on your child arrangements. For example, if it has been agreed in court that a child lives with you, it’s unlikely that you will need permission to take your child on holiday unless otherwise stated.

Get Permission

If you do share parental responsibility, by law, you will need to seek permission before taking your children abroad. If communication is tricky, it might be wise to work with a solicitor who will liaise with your ex-partner on your behalf to avoid any animosity.

However, if your situation is similar to the one mentioned above and you are the only individual with parental responsibility, you won’t need to ask for permission but it is advised that you inform the other parent to avoid problems further down the line.

Check Country Requirements

Every country has different rules when it comes to taking children on holiday so it is wise to check what documents are required and what rules are in place for the destination you are travelling to.

In this context, abroad refers to any country outside of the United Kingdom but even legal systems within the UK may hold different requirements. If you are traveling to Scotland, Wales or Ireland, you should still check what documentation is needed to travel.

Another thing to remember is that the age limits to which an individual is considered a child may differ in each country. To avoid any misunderstanding, be sure to get in touch with the local embassy to be clear on specific requirements.

Apply For Documents

When going abroad with a child after a divorce, make sure you have everything you need to prove their identity, relationship to you and your parental responsibilities, especially if you don’t share the same surname.

Carrying a passport, evidence of written consent from an ex-partner alongside their contact details and your child’s birth certificate, you will be fully prepared in the event that anything happens.

Getting help from Curtis Whiteford Crocker

After the trials and tribulations that come with going through a divorce, you and your family deserve to enjoy a holiday this summer. Get in touch with one of our offices in Plymouth, Torpoint, Tavistock, Plymstock or Kingsbridge to ensure you’re prepared and protected.

Divorce is a different experience for everyone, but in any case, its a stressful time that is often heightened when children are involved.