I booked a holiday to Egypt when my partner and I were together. We have split up and now she is saying I can't take my son on this holiday. He was born after 2003 and I am on the birth certificate, he bears my name, and there are no residental orders or any other legal orders in place.
Where do I stand? I have only been gone two weeks and her boyfriend is already sleeping in my bed. Our son is only 4
Understanding Your Rights as a Father
Fathers in England and Wales have Parental Responsibility automatically if they were married to the mother when the child was born, or if the child was born after 1 December 2003 and the father is named on the birth certificate. If neither applies, you may still have acquired Parental Responsibility through a formal agreement or court order.
Parental Responsibility gives you a legal basis to be consulted about major decisions affecting your child, including education, medical treatment and holidays abroad. This does not disappear when a relationship ends. Both parents keep their rights unless a court orders otherwise.
The parent your child lives with can make routine decisions without consulting you. Holidays abroad sit somewhere between everyday choices and major decisions, which is why they often cause disagreements.
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Under UK law, taking a child out of the country without the consent of everyone with Parental Responsibility is child abduction. This applies even if no Child Arrangements Order exists. You should not book flights and travel without agreement.
If your ex reports the child as abducted, you could face criminal investigation. Even if charges are not brought, it may damage future court proceedings and your relationship with your son.
Where a Child Arrangements Order names you as the parent your child lives with, you can take them abroad for up to 28 days without written consent from the other parent. If your child lives with your ex under such an order, you will need her permission or a court order to travel.
Be aware that some countries have their own entry requirements for children travelling with one parent. You may need a travel consent letter or additional documentation.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What To Do If Your Ex Refuses
Start by putting your request in writing. Include the dates, destination, flight and accommodation details, how you will stay in contact while abroad, and confirmation of when you will return. Many parents refuse because they worry the child will not come back. Providing clear details can ease those concerns.
If direct discussion fails, consider family mediation. A trained mediator can help you reach agreement without court involvement. Courts generally expect you to try mediation first, though exceptions exist where domestic abuse is involved or there is genuine urgency.
When mediation does not work, you can apply for a Specific Issue Order. This asks a judge to decide whether your child can travel. The court will base its decision on what is best for your child.
Getting Proper Advice
Every family situation has its own complications. Before making plans, check where you stand legally. Our free Rights Checker can help you understand your position as a father.
For official guidance on Parental Responsibility and international travel with children, visit GOV.UK. If your situation involves court proceedings or cross border issues, speaking to a family solicitor is worth considering.
He’s refusing to let me take our boys on holiday
Saying he had unanswered questions about my partner saying I must show him a marriage certificate
I’ve been with my partner for over a year and my ex has previously allowed me to take the boys on holiday
How would this stand in court
I have to go to the extent of hearing from friends every so often of her whereabouts and turning up out the blue which doesn’t go down well 8/10 times as you can imagine !
However I’ve just been made aware she is in Greece with my ex fiancé and her new partner without my permission where do I stand with this ! Is this illegal is she in the wrong
Im looking at trying to talk my kids mum around to letting me take my children away for a week abroad. Now I've never had any issues with seeing my kids she is good in that way. But during our whole relationship we never went on holiday outside of the uk because she has mental health issues and with that a fear of most things flying being one of them. We had many an argument over her fear ruling what our kids do an don't do. I feel this is unfair because its blocking there chance to make memories. I am desperate to take them away for a week, where would i stand on this? Is there any legal way i can get to do it?
I am planning to take my big daughter to Disney just for a weekend, she is refusing to let without no reason.
Tried everything I could including talking to her parent she still saying no and threatening to reduce the hours I spend with my kids .
I really want to spend more time with my kids . What option have I got ?
Ask Separated Dads a question
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