Planning your children’s summer holidays should be something to look forward to, however when parents are separated, it can become a source of stress, especially if your ex-partner is refusing to agree to holiday contact arrangements or objecting to the children being taken abroad.
Disputes regarding summer holidays often involve questions about timing, fairness, safety, destinations, or fears that one parent may not return the children to the UK.
At Elite Law Solicitors, we can help you understand your rights and guide you towards the best outcome with our expertise in family law. In this article, we will discuss your options, the legal framework around taking children out of the country, and when applying to the court may be necessary.
If you require specialist legal advice or assistance on this issue, get in touch today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form to discuss your situation with one of our legal experts.
Why do summer holiday disputes happen?
Booking a summer holiday with your children can trigger disagreements, particularly where communication between parents is already difficult.
Common causes of dispute include:
- One parent wants to take the children abroad and the other parent does not agree
- Concerns about flight safety or destination risks
- Disagreement over duration of the holiday
- A belief that the proposed holiday interferes with the other parent’s time
- Distrust between parents, particularly following recent separation
- Fear that the children may not be returned to the UK
Even when a child arrangements order is in place, it may not be specific enough to cover overseas travel or detailed summer holiday schedules.
Who has the right to make decisions about holidays?
In most cases, anyone with parental responsibility has a say in the decisions affecting a child’s life, including holidays and travel.
Parental responsibility means the legal rights, duties, powers, and responsibilities a parent has for a child. Mothers automatically have parental responsibility over a child at birth, others that can automatically acquire parental responsibility at birth are:
- A child’s father if they were married to, or from 2 December 2019, a civil partner of the mother at the time of birth
- A child’s father if they are named on the birth certificate
- For children conceived after 6 April 2009, the mother’s civil partner who is a parent under s.42 or s.43 Human Fertilisation and Embryology Act 2008
People can also acquire parental responsibility in a number of different ways, for example, through a parental responsibility agreement or a court order.
What does the law say about taking children abroad?
Under English law, the written consent of everyone with parental responsibility is needed to take a child outside the jurisdiction of England and Wales. There is an exception to this rule if there is a child arrangements order in place which states that the child is to live with one parent. In those circumstances that parent may take the child outside the jurisdiction of England and Wales for up to 28 days without needing the other parent’s consent, unless the order specifically says otherwise.
If this exception does not apply, taking a child abroad without consent could be considered child abduction under the Child Abduction Act 1984 or the Hague Convention (depending on the location), even if the parent intends to return.
What if my ex-partner is refusing consent unreasonably?
Before involving the court, parents are expected to try to resolve matters themselves where possible, this could be through mediation, direct discussion between the parties or negotiation through solicitors.
If you are not able reach an agreement and consent is still being refused, you may have to consider making an application to court for permission to temporarily remove the child from the jurisdiction.
Having professional legal guidance about your options at this stage can be helpful. At Elite Law we have solicitors that have extensive experience in this area of family law and can provide you with specialist advice.
How can parents try to agree on summer holiday arrangements?
The first step is to attempt to resolve the issue directly before seeking legal action. There are several ways to approach this, such as:
Communicating early and clearly
Disputes can stem from plans being made too late. Holiday proposals should be discussed several months in advance with your ex-partner, giving everyone time to consider and negotiate amendments if necessary.
When making proposals about summer holidays, parents should:
- Provide full details of dates, flights, and accommodation
- Share contact information for where the children will be staying
- Explain how the holiday fits around existing contact arrangements
- Offer reassurance about safety and return plans
Clear and detailed information about the trip can help to build trust and alleviate any concerns the other parent may have. By offering your ex-partner clarity and time, you give them space to think about and respond to the proposal in a calm, sensible way.
Being flexible where possible
Courts expect parents to show flexibility. If one parent is asking for extended time abroad, it may help to offer compensatory contact before or after the trip, or to agree additional video calls while the children are away. If the other parent has a good reason as to why the dates proposed do not work, then try to collaborate with them to agree on dates that suit you both.
Demonstrating willingness to compromise strengthens your position if court proceedings later become necessary. Parents should go into these discussions with some flexibility and compromise in mind.
Considering mediation
Family mediation can be an effective way to resolve holiday disputes without litigation. A neutral mediator helps parents explore solutions and focus on the children’s best interests rather than issues between the parents.
In most cases, attending a Mediation Information and Assessment Meeting (MIAM) is required before applying to court, unless an exemption applies (such as domestic abuse). It is therefore recommended that parties try mediation first where possible.
What if we already have a Child Arrangements Order?
If there is an existing child arrangements order, it is important to check its wording carefully. These orders may include stipulations that cover:
- Overseas travel
- Division of school holidays
- Notice periods for holiday plans
Disagreements may occur if the order is silent or vague regarding school holidays. In these situations parents are expected to act reasonably and in line with the spirit of the order to try to come to an agreement.
If there are constant issues regarding holiday arrangements, parents may want to consider varying the order to include clearer provisions for future holidays. In the first instance parents should seek to agree these amendments between themselves, however, if this is not possible it may be necessary to make an application to court.
When should court action be considered?
Court should generally be a last resort, but it is still a useful mechanism when negotiations fail. Court action could be considered when:
- One parent refuses consent without reasonable justification
- There are imminent travel dates and no agreement
- There are safeguarding concerns that need judicial oversight
- There is a pattern of obstruction of holidays that is affecting the children’s welfare
- Clear directions are needed to avoid future disputes
If the matter is urgent (for example, flights are already booked) it is particularly important to seek legal advice promptly. At Elite Law Solicitors, we can help you determine the best path forward for your circumstances, including court action.
What court applications are available?
In relation to holiday arrangement disputes, there are two applications that can be made. When considering the applications the court will take a number of factors into account, such as the destination of the holiday, and the welfare checklist set out at s.1(3) of the Children Act 1989. The court’s paramount consideration will be the welfare of the child.
Specific Issue Order
An application for a Specific Issue Order asks the court to rule on a particular question, such as whether the children can be taken abroad for a summer holiday.
When deciding on whether to grant permission for the children to be taken abroad, the court will consider:
- The purpose and duration of the holiday
- The destination and safety considerations
- The child’s age and wishes (where appropriate)
- The impact on the child’s relationship with the other parent
- The likelihood of the children being returned to the UK
If, upon considering the relevant factors, the court is satisfied that the holiday is in the child’s best interests, it can grant permission even if the other parent objects.
Prohibited Steps Order
An application Prohibited Steps Order can be used to prevent the other parent from taking the children abroad.
This is more common in instances where there are genuine concerns about abduction, lack of return, or risk of harm. If the court is satisfied that there is real risk to the children, it may order the implementation of safeguarding measures such as asking the parents to surrender the passports to the other parent/a third party (solicitors).
How quickly can the court decide?
Timescales will depend on the urgency of the case and court availability. Where travel is imminent, the court can list urgent hearings, sometimes within a matter of days.
However, emergency applications should not be relied upon unless the matter is urgent and there is reasonable justification as to why the application was not made earlier. Late applications made without legitimate reasons can reflect poorly on the person making the application.
What evidence will the court expect?
Each case is circumstance specific, however, applications should be supported by the following types of evidence:
- Details of the proposed holiday (dates, flights, accommodation)
- Evidence of attempts to seek agreement
- Any relevant messages or correspondence
- Information addressing any concerns raised by the other parent
- Reasons as to why the holiday is in the children’s best interests
Our legal team at Elite Law Solicitors can help you identify and compile the right evidence to give your case the best chance of success.
How Elite Law Solicitors can help
If you are facing a summer holiday dispute or concerns about overseas travel, early legal advice can help you understand your rights, your options, and the most proportionate way forward.
Elite Law Solicitors advises parents across England and Wales on child arrangements, international travel, and resolving disputes in a way that prioritises children’s welfare. If an agreement cannot be reached, experienced legal support can make the court process clearer, calmer, and more effective.
If you would like advice tailored to your circumstances, our team of legal professionals is here to help. To get started, get in touch today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form to discuss your situation with one of our legal experts.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified family law solicitors such as those within our firm.
