Summer holidays are meant to be a time for relaxation and fun—but if you’re a separated or divorced parent, planning that sunshine getaway with your child can sometimes get unexpectedly complicated. One of the most common issues we see? Disagreements over the holiday turning into a child passport dispute.
Whether it’s applying for a passport, renewing one, or getting permission to travel abroad, here’s what you need to know if the other parent is refusing to agree.
Who Needs to Give Permission?
In England and Wales, anyone with parental responsibility for a child (usually both parents) must agree before a child can travel abroad (unless there is a Court Order in place which allows for one parent to take the child abroad without the other parent’s consent). This includes applying for or renewing a child’s passport. If you already have the passport but the other parent objects to the trip, they could potentially stop you from going—so don’t leave it until the last minute.
Common Scenarios We See in a Child Passport Dispute
- One parent won’t sign the passport application
- The child’s passport has expired and the other parent won’t cooperate
- One parent has the child’s passport but refuses to give the passport to the other parent for a holiday.
- One parent won’t agree to the holiday abroad
- There are concerns about abduction or not returning
These issues can quickly escalate, especially if there’s little communication or trust.
What Can You Do?
- Try to Talk First
It sounds simple, but a calm and respectful conversation can go a long way. Try to focus on what’s best for the child and keep emotions in check. Written communication (like email or messages) is also helpful to keep a clear record.
- Mediation
If direct conversation is not working, a neutral third party (a mediator) can help both parents reach an agreement. This can be quicker and less stressful than going to Court. In most cases, there is a requirement by the Court for parties attend mediation before filing an application.
- Apply to the Court
If you still cannot agree, you may need to apply for a Specific Issue Order (to get permission to obtain or use a passport, or go on the holiday) or a Prohibited Steps Order (to prevent the other parent from going on the holiday/ taking the child out of the country, or to prevent the parent from being able to obtain a passport, for example if there is a risk of abduction).
The Court’s paramount consideration is the best interests of the child. The Court will have regard to the Welfare Checklist contained in the Children Act 1989 when making any decisions about a child. A child being able to spend safe, quality time with a parent on holiday is something the Court will consider when looking at the child’s welfare and what is in their best interests.
How We Can Help
At Nelsons Solicitors, we regularly help parents resolve travel and passport disputes quickly and with minimal stress. Whether through advice, mediation, or Court applications, we’re here to make sure your family holiday doesn’t get stuck on the runway.
Get in Touch
Alexandra Wood is a Senior Associate in our Family Law team. Her expertise includes complex children matters, domestic abuse, and financial matters.
At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Alexandra or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
Alexandra or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.
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