As schools close for the February half-term break, many parents are planning family holidays abroad or staycations in the UK. However, for separated parents, disagreements can sometimes arise over who can take the child on holiday, particularly when travel involves going overseas.
A common question we are asked is: “Can a father stop a mother from taking a child on holiday?”
The short answer is: it depends on the legal circumstances, any existing court orders, and whether there are genuine concerns about the child’s welfare or risk of abduction.
Can a Father Legally Stop a Mother from Taking a Child on Holiday?
Whether a father can stop a mother from taking a child on holiday depends on several key factors, including:
- Existing Court Orders
Is there a Child Arrangements Order or Residence Order in place that specifies where the child should live and what each parent is allowed to do?
If the order already sets out rules for school holidays or travel abroad, these must be followed.
- The Type of Holiday
Is the trip abroad or within the UK?
Holidays abroad: The parent usually needs consent from anyone else with parental responsibility or permission from the court.
UK holidays: These are typically less restricted, but they can still cause issues if they interfere with agreed contact times.
- Duration and Destination
How long is the holiday, and where is the child being taken? Concerns may increase if the destination is outside the UK or considered high-risk for child abduction.
- Who Is Going on the Trip
Sometimes the objection isn’t about the holiday itself but about who else is travelling, such as a new partner or step-siblings.
- Impact on Contact and Schooling
Will the holiday interfere with the other parent’s contact schedule or require the child to miss school? Courts will always prioritise the child’s welfare and routine.
- Previous Behaviour
Has either parent previously withheld contact or failed to return the child after a holiday? If so, this can strongly influence the court’s decision.
What Can a Father Do If He Objects to the Holiday?
If a father (or any parent with parental responsibility) has legitimate concerns about a proposed holiday, they can apply to the Family Court for a Prohibited Steps Order.
This court order can temporarily or permanently stop a parent from taking the child on holiday if there are valid reasons, such as:
- Fear of child abduction or non-return
- Lack of communication or agreement
- Interference with an existing contact arrangement
The court will consider whether stopping the trip is in the child’s best interests, not simply what either parent wants.
Communication and Early Planning Are Key
To avoid disputes with child arrangements, it’s best to discuss any holiday plans early, including travel dates, destinations, and contact arrangements. Open communication helps build trust and gives both parents time to raise and resolve concerns before travel is booked.
If disagreements continue, seeking legal advice early can help prevent last-minute court applications or emotional stress for everyone involved.
Getting Legal Advice on Child Holiday Disputes
If you are planning a holiday abroad or have concerns about your co-parent taking your child away without permission, it’s important to get specialist family law advice.
At Prism Family Law, we can advise on:
- Applying for or responding to a Prohibited Steps Order
- Negotiating child travel arrangements
- Understanding parental responsibility and legal rights
- Applying for court permission to take a child abroad
For immediate help, contact David Banks, Solicitor, on 0191 269 6871 or email david.banks@prismfamilylaw.co.uk
In some cases, Legal Aid may be available, subject to eligibility criteria set by the Legal Aid Agency. You can check your eligibility at www.gov.uk/legal-aid/eligibility
Disclaimer
This article is for general information purposes only and does not constitute legal advice. For personalised advice about your situation, please seek professional legal guidance before taking action.