If you share a child and you are planning a trip abroad this summer, you need consent from everyone with parental responsibility before you travel, unless a court order allows the trip. Since 10 April 2026, you may also face the EU’s fully operational Entry/Exit System at the Schengen border. Both points matter. One is settled family law. The other is a newer border process.
The family law rule has not changed. Taking a child out of the UK without the agreement of everyone with parental responsibility can amount to child abduction. That is a criminal offence, not a technicality. There is one common exception. If a child arrangements order says the child lives with you, you can usually take them abroad for up to 28 days without the other parent’s consent, unless another court order says otherwise. It helps to be clear on your responsibilities under a court-ordered arrangement before you book anything.
Even where the 28-day exception applies, a short written consent letter is still sensible. Picture a separated dad taking his 2 children to Spain for 10 days. A signed letter from their mother, with her contact details, the children’s details and travel dates, may settle questions at the airport or border. Border staff may not ask, but if they do, a clear letter is easier than scrolling through messages in a queue. You can read the official position on getting permission to take a child abroad on GOV.UK.
This is where supervised child contact and well-planned supervised contact services can overlap with travel. If arrangements are still being established, a holiday can put pressure on a fragile routine.
What changes at the border in 2026
The EU’s Entry/Exit System became fully operational across Schengen countries on 10 April 2026. It replaces manual passport stamping with a digital record for many non-EU travellers entering for a short stay. The first time you enter, border systems record your passport details, facial image, fingerprints and entry or exit information.
Children are not exempt from EES, but under-12s do not give fingerprints. They may still have a facial image taken. There is no separate fee for EES registration, and there is nothing to apply for before travel.
A separate scheme, ETIAS, is expected in the last quarter of 2026. It will be a pre-travel authorisation, similar in principle to the US ESTA. It is not live yet, so ignore any website claiming to sell you one now. You can check progress on the European Commission’s EES page and the official ETIAS website.
| Requirement | What it means for you | Children |
|---|---|---|
| EES biometric registration | Facial image, passport details and fingerprints logged at Schengen entry | Under-12s do not give fingerprints |
| ETIAS authorisation | Expected later in 2026, not required for summer travel | Under-18s will need ETIAS once live, but no fee is expected |
| Consent from parental responsibility holders | Written agreement from everyone with parental responsibility, unless a court order allows travel | Required for the trip |
| 28-day rule | A “lives with” child arrangements order can allow travel for up to 28 days | Applies to the child’s trip |
Expect extra time at the border, especially on a first EES journey. Build this into your plans if your contact schedule is tight, because a late return can create avoidable conflict. It is worth understanding what happens if a parent breaches an order so you can avoid it.
If the other parent will not agree to the trip, you are not stuck. You can apply to the family court for a specific issue order, and the court will look at whether the holiday is reasonable and in the child’s welfare interests. Cafcass received 39,182 private law children cases in 2024/25, so these disputes are not unusual. If you are worried the other parent may keep the child abroad, a prohibited steps order may be needed urgently. Where dates need adjusting, it may be simpler to ask whether a court-ordered arrangement can be changed rather than risk a dispute.
Good planning also reduces friction. Approaches that help reduce conflict between parents can make summer handovers calmer, and the same is true for families working on shared parenting and co-parenting. If work makes planning genuinely hard, supervised contact arranged around a demanding schedule can keep things consistent.
Frequently asked questions
Can I take my child abroad without the other parent’s consent?
Usually no. If you both have parental responsibility, you need their agreement or a court order. The main exception is a “lives with” order, which can allow travel for up to 28 days.
How long can I take my child abroad with a child arrangements order?
Up to 28 days per trip, if the order says the child lives with you and no other order prevents it.
Do I need a letter to take my child abroad?
It is not always legally required, but a signed consent letter with travel dates and contact details is sensible.
What if the other parent refuses a holiday abroad?
You can apply for a specific issue order and ask the court to decide. The court’s focus is the child’s welfare.
Planning contact around your summer
If summer travel is complicating contact, talk to Child Arrangement Resolutions about practical, child-focused arrangements that hold up at the border and in court. Email info@childarrange.com to start a confidential conversation.