Child Law Basics: Ensuring Safe Travels and Activities for Families

*This is a collaborative guest post

Travelling or arranging activities with children might seem like a straightforward task, but when legal complexities arise, the situation can quickly become overwhelming. Whether you’re planning an overseas trip, authorising medical care, or enrolling your child in extracurricular activities, there are times when legal guidance is not just helpful—it’s essential. Child law solicitors in London are trained to support families in managing responsibilities and making decisions that serve the best interests of the child.

In this article, we explain key areas of UK child law that can impact everyday family decisions. We also offer guidance on how to handle common legal scenarios, ensuring you’re prepared and protected.

Understanding Parental Responsibility

Parental responsibility refers to the legal rights, duties, powers and responsibilities a parent has in relation to their child. It includes decisions about the child’s health, education, and general welfare.

In the UK, a mother automatically has parental responsibility. A father usually has it too if he is married to the mother or named on the birth certificate (after a certain date depending on jurisdiction). Others, including step-parents or guardians, may acquire parental responsibility through a court order or legal agreement.

Disagreements between individuals with parental responsibility can sometimes require legal intervention. The UK Government guidance on parental responsibility outlines who has it, how it can be obtained, and what it involves.

Travelling Abroad with Children

If you want to take a child abroad, whether for a holiday or a longer stay, you typically need the permission of everyone with parental responsibility. Travelling without consent could be considered child abduction under UK law.

To avoid complications, written permission is advisable. This should include contact details for the consenting parent(s), details of the trip, and confirmation that they approve the travel. In some cases, especially when there are disputes or court orders in place, a Specific Issue Order from the family court may be required.

More information is available on the GOV.UK travelling abroad with children page, which also includes a sample letter of consent.

Medical Consent and Emergency Situations

Parents and legal guardians are usually authorised to consent to medical treatment for a child. However, complications can arise when a child is under the care of someone else, such as a school, relative, or friend.

Schools generally ask parents to sign a consent form allowing them to authorise emergency treatment. If a child is taken to hospital and no parent is available, doctors will act in the child’s best interest under the principle of necessity, but legal permission is still preferred.

If you are leaving your child in someone else’s care, consider writing a temporary medical consent letter. It can specify what the carer is authorised to do and include contact details. This can be especially important when travelling or during extended stays.

For an overview of child medical consent and NHS rules, the NHS England guide on consent explains how decisions are handled when treating minors.

Extracurricular Activities and Legal Concerns

From swimming lessons to school trips abroad, extracurricular activities often require legal consent. Parents should review any agreements carefully before signing, particularly if the activity involves risk, travel, or overnight stays.

It’s worth noting that parental responsibility does not transfer to organisations such as schools or clubs simply by enrolling a child. Instead, they have a duty of care to act reasonably and in line with safeguarding protocols.

Understanding your rights and responsibilities ensures peace of mind. If disagreements arise between parents or guardians over a child’s participation in an activity, it may be necessary to seek legal resolution through a Specific Issue Order.

Specific Issue Orders and Prohibited Steps Orders

When parents or guardians cannot agree on a particular issue, the family court can step in. A Specific Issue Order is used to resolve a single dispute, such as whether a child should travel abroad, change schools, or receive a specific medical treatment.

Conversely, a Prohibited Steps Order prevents someone from making a specific decision about a child’s upbringing without the court’s permission. For example, it can stop a parent from taking the child out of the country or changing their surname.

These orders form part of the UK’s child arrangements framework. The CAFCASS website explains how they work and what the court considers when making decisions in the best interests of the child.

What the Law Considers in Child-Related Decisions

Courts and legal professionals in the UK always prioritise the welfare of the child. The Children Act 1989 sets out the key factors courts use to determine a child’s best interests, including:

• The child’s wishes and feelings (depending on age and maturity)
• Their physical, emotional and educational needs
• The potential impact of any changes in circumstances
• The ability of each parent or guardian to meet their needs

Legal advice can help clarify whether an issue is likely to require court involvement or if mediation may be appropriate.

When to Seek Legal Support

Not every disagreement or question requires legal action. In many cases, informal discussion or mediation can resolve the issue. However, if there’s a risk to the child, a deadlock between parents, or a court order is already in place, legal advice is strongly recommended.

Legal professionals can offer:

• Help drafting consent letters for travel or medical care
• Advice on how to gain or challenge parental responsibility
• Representation in court proceedings involving Specific Issue or Prohibited Steps Orders
• Mediation services to reach agreements without going to court

Understanding your rights helps you act confidently and in your child’s best interests.

Final Thoughts on Protecting Children During Everyday Decisions

Family life often involves a series of small but significant decisions. While most are handled without legal intervention, having a basic understanding of child law empowers parents and carers to act responsibly and protect children from unnecessary conflict or risk.

From travel and healthcare to education and recreation, knowing what the law requires can help you prepare, prevent disputes, and prioritise your child’s wellbeing.

Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues relating to parental responsibility, child travel, or child welfare decisions.