Can I Take My Child Abroad for Christmas Without Consent?
Last updated: 26 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: No, not usually. In England and Wales you can't take a child abroad without consent from everyone with parental responsibility, or the court's permission. For under-16s it can be a crime. A parent with a lives-with order can go for under a month. From 6 November 2026, keeping a child abroad past the agreed date becomes an offence too.
Question | Can I take my child abroad for Christmas without consent? |
The short answer | Usually not. You need the consent of everyone with parental responsibility, or the court's permission, unless you have a lives-with order and the trip is for less than a month. |
The law (Act, rule or form) | Child Abduction Act 1984, section 1; Children Act 1989, section 13; Crime and Policing Act 2026, section 137 (in force from 6 November 2026); form C100 for a specific issue or prohibited steps order |
Where it applies | England and Wales, for trips out of the United Kingdom |
Key timing | Get agreement in writing before you book. Court applications take time, so act now. The new offence of keeping a child abroad applies to trips starting on or after 6 November 2026. |
Source checked (date) | legislation.gov.uk and GOV.UK, 26 October 2026 |
If you're hoping to spend Christmas with family overseas, or you're the parent being asked to agree to a trip, this guide explains where you stand and what to do in the next few weeks. For the wider rules on any holiday, see our full guide to taking a child on holiday without the other parent's permission. This article answers one narrower question: what happens if there's no agreement in time for Christmas, and what's changing in November 2026.
What does the law say about taking a child abroad?
Two laws do most of the work here.
The first is section 1 of the Child Abduction Act 1984. It says a person "connected with" a child under 16 commits an offence if they take or send the child out of the United Kingdom without the "appropriate consent". Connected people include the mother, a father, a guardian, a special guardian and anyone named in a child arrangements order as someone the child lives with. Appropriate consent means the agreement of the mother, the father if he has parental responsibility, and anyone else with a lives-with order, guardianship or special guardianship. Or it can be the court's permission.
The second is section 13 of the Children Act 1989. Where there's a child arrangements order saying who the child lives with, nobody can remove the child from the United Kingdom without the written consent of everyone with parental responsibility, or the court's permission. The exception is the person the child lives with under the order, who can take the child abroad for less than one month. GOV.UK describes this as 28 days, so it makes sense to plan your trip within that.
GOV.UK's own guidance puts it simply. You need the permission of everyone with parental responsibility, or of a court, before taking a child abroad. If you're not sure who has it, our guide to who has parental responsibility explains how mothers, fathers and others get it.
Can you take a child abroad without consent?
Usually not. Being the main carer isn't enough on its own. If there's no court order, both parents with parental responsibility need to agree. A mother has parental responsibility automatically, but she still needs the father's agreement if he has it too.
The Child Abduction Act does give a few defences. One is if you believed the other parent had agreed, or would have agreed if they'd known all the circumstances. Another is if you took all reasonable steps to tell them but couldn't reach them. A third is if they refused unreasonably. That last defence doesn't help if the parent who refused has a lives-with order, or if the trip breaks a court order. Relying on any of these is a big risk. The offence carries up to seven years in prison, and a prosecution needs the consent of the Director of Public Prosecutions. It's far better to get agreement in writing, or the court's permission, before you book.
A trip to Scotland or Northern Ireland isn't leaving the United Kingdom, although a court order may still set its own conditions. The criminal offence is about children under 16, but the Children Act rules still cover 16 and 17 year olds where there's a child arrangements order, so get agreement anyway. A special guardian can take the child abroad for less than three months without the parents' consent, unless an order says otherwise.
What's changing on 6 November 2026?
Until now, the 1984 Act only covered taking or sending a child out of the country without consent. It didn't cover a parent who left with the other parent's agreement and then didn't come back.
Section 137 of the Crime and Policing Act 2026 closes that gap. It adds a new section 1(1A) to the Child Abduction Act 1984. A person connected with a child under 16 commits an offence if the child is taken abroad with consent and, at any time afterwards, that person keeps the child outside the United Kingdom without consent. The Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026 (SI 2026/1090) bring section 137 into force on 6 November 2026.
As we write this on 26 October 2026, section 137 has been passed but isn't in force yet. It will only apply to children taken or sent out of the UK on or after 6 November 2026. So a Christmas trip that starts after that date is covered. The same exceptions carry over. For example, a parent named in a lives-with order who keeps the child abroad for less than a month, without breaking a court order, isn't committing the new offence.
In practice, this means the return date you agree matters more than ever. If plans change while you're away, because of a cancelled flight or an illness, contact the other parent straight away, explain, and agree a new date in writing.
What if the other parent says no?
Start by asking what's worrying them. Often it isn't the trip itself but not knowing where the child will be, or a fear that the child won't come back. You can usually ease that by sharing the full itinerary, the address you'll stay at, the flight details both ways, and a fixed time for a video call on Christmas Day.
If talking doesn't work, mediation can help. You'll usually need to go to a Mediation Information and Assessment Meeting before applying to court. Our guide to what happens at a MIAM explains the meeting and the exemptions, such as urgent cases and evidence of domestic abuse.
If you still can't agree, you can apply to the family court for a specific issue order, which is the court's permission for the trip. You apply on form C100, online or on paper, and the court fee is £270 (checked on GOV.UK on 26 October 2026). Help with fees is available if you're on certain benefits or a low income. Our guide on how to fill in the C100 form walks you through it, and our page on specific issue orders and prohibited steps orders explains the difference.
GOV.UK says you'll need to give the court the trip details. That means the departure date, when and how you'll come back, and contact details for everyone with parental responsibility in the UK. The court decides the application by looking at what's best for the child, using the welfare checklist in section 1 of the Children Act 1989.
Be realistic about time. GOV.UK says a court order usually takes around 10 months, depending on where you live and your situation. A short holiday application may be dealt with sooner, but courts are very busy in December and no one can promise a decision before Christmas. If you're unsure whether there's still time, read our article on whether it's too late to apply to court before Christmas. And please don't book flights you can't afford to lose until you have agreement or an order.
What if you're worried your child won't come back?
If you're the parent being asked to agree, your concerns deserve to be taken seriously. You don't have to say yes to a trip you think puts your child at risk. Equally, a refusal without a good reason can be overruled by the court, and the court can attach conditions to a trip rather than stop it.
If you think there's a real risk your child will be taken abroad without your agreement, you can apply for a prohibited steps order, which stops a named person doing a particular thing, such as leaving the country with the child. Our guide to how a prohibited steps order works covers the process, including urgent applications made without notice to the other parent.
If you think your child is about to be taken out of the UK without your consent, GOV.UK's advice is to contact the police straight away. If a child has already been taken or kept abroad, there's a separate process for asking for the child's return. We explain the basics in our guide to international parental child abduction, and GOV.UK also points parents to the charity Reunite International.
What should you carry when you travel?
Even with agreement, you may be asked questions at the border, especially if your surname is different from your child's. GOV.UK suggests carrying:
a letter from the other person with parental responsibility, with their contact details and the trip details
evidence of your relationship to the child, such as a birth or adoption certificate
a marriage or divorce certificate if you're a single parent and your family name is different from the child's
GOV.UK also suggests checking with the embassy of the country you're visiting, because the age at which someone counts as a child can be different there.
For example, if a separated father with parental responsibility wants to take his son to see his grandparents abroad from 20 December to 2 January, and there's no court order, he needs the mother's agreement. A short, signed letter from her giving the dates, the address and her phone number, plus a copy of the boy's birth certificate, is usually enough. If she won't agree, he'd need to apply for a specific issue order, and the earlier he starts, the better.
Frequently asked questions
Do I need the father's permission to take my child abroad?
If the father has parental responsibility, yes, unless you have a lives-with order and the trip is for less than a month, or the court gives permission. If he doesn't have parental responsibility, his consent isn't needed under the 1984 Act, but check any court order first.
Can a father stop a mother taking a child on holiday abroad?
A father with parental responsibility can refuse to agree. The mother can then ask the court for a specific issue order. If there's a genuine risk the child won't return, either parent can ask for a prohibited steps order.
Can I take my child abroad if I have a lives-with order?
Yes, for less than a month, unless the order says otherwise. GOV.UK puts it as 28 days. Longer trips need written consent from everyone with parental responsibility, or the court's permission.
What is the new child abduction law in November 2026?
From 6 November 2026, under section 137 of the Crime and Policing Act 2026, it becomes an offence to keep a child under 16 abroad without consent after taking them there with consent. It only applies to trips starting on or after that date.
Is a letter of consent enough to travel with my child?
GOV.UK says a letter from the other person with parental responsibility is usually enough. Include their contact details and the trip details, and carry the child's birth certificate too.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand your options, prepare a consent letter or a C100 application, and get your paperwork ready. Email us at help@incourt.co.uk or use the contact form on our website. You can also read what our clients say in our Google reviews.
Related guides
Sources
Child Abduction Act 1984, section 1 (legislation.gov.uk), checked 26 October 2026
Child Abduction Act 1984, section 4 (legislation.gov.uk), checked 26 October 2026
Children Act 1989, section 13 (legislation.gov.uk), checked 26 October 2026
Crime and Policing Act 2026, section 137 (legislation.gov.uk), checked 26 October 2026
Taking a child abroad: permission (GOV.UK), checked 26 October 2026
Apply for a court order about child arrangements (GOV.UK), checked 26 October 2026
Return or contact an abducted child (GOV.UK), checked 26 October 2026
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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