From 25 February 2026, the UK Electronic Travel Authorisation (ETA) system will be fully enforced. While much of the media conversation has been centred around holidaymakers and business travellers, some of the most acute and immediate implications could fall on separated parents and families with dual‑national children.
Felicia Munde, an associate in the Children team at Stewarts, explains how the changes may affect international child arrangements, why previously ‘standard’ passport‑sharing practices may now fail and what steps separated parents can take to avoid travel disruption.
What exactly has changed?
From 25 February 2026, British dual citizens must be able to demonstrate their right of abode before travelling to the UK. Travelling on a non‑UK passport alone will no longer be sufficient for entry as a British citizen, even where that passport would ordinarily allow visa‑free travel. Although British citizens are exempt from the ETA requirement, this exemption applies only when their British citizenship can be verified.
To travel without an ETA, British dual citizens must therefore carry either:
- a valid British passport, or
- a non‑UK passport containing a valid Certificate of Entitlement to the Right of Abode, or
- a British emergency travel document.
A Certificate of Entitlement can only be issued to those who do not hold a valid British passport; it cannot be held alongside one.
Airlines, ferry operators and international rail services will be required to apply these rules strictly from 25 February 2026, and travellers without the correct documentation may be denied boarding.
This is a significant shift. Historically, many dual‑national families travelled without difficulty on EU passports alone. That flexibility no longer stands.
Why this matters for separated parents
In many separated‑parent households, it is common for one parent to hold one set of passports. For example, a French parent may keep the French passports, while the British parent holds the UK passports. Until now, children could often travel on either document depending on convenience.
Under the new Home Office rules, that arrangement is no longer workable:
- Dual‑national children must travel on their UK passport when entering the UK. An EU passport alone is insufficient
- If the UK passport is not physically with the travelling child, the child may be refused boarding, even where a Child Arrangements Order permits the trip
- If the UK passport has expired, the child cannot travel, even if their EU passport remains valid. Renewal delays, therefore, become a real risk.
These rules give far greater practical power to the parent who physically holds the UK passport. In cases involving high conflict or allegations of abduction, a passport dispute can now unintentionally block court‑approved holidays or international contact.
Key implications for child arrangements
- The child’s UK passport must travel with the child
To avoid disruption, the simplest and safest rule must now be: where the child travels, the UK passport travels. This prevents the non‑travelling parent from unintentionally (or deliberately) frustrating travel that has already been agreed or court ordered.
- Passport‑handover clauses in court orders now matter more than ever
If separated parents are in the midst of court proceedings, lawyers should draft clear provisions specifying:
- who holds the passports on a day‑to‑day basis
- the timeframe for releasing the passports before a trip
- how and when the passports must be returned, and
- what happens if the handover is not complied with.
Courts are likely to expect these issues to be addressed proactively, given the foreseeable risk.
- Renewal deadlines must be taken seriously
Because an EU passport is no longer a fallback, UK passport renewal delays could directly halt planned travel. Parents should diarise renewals at least six months before expiry and cooperate with each other by providing signatures and documents promptly.
Head of the Children Team, Alex Verdan KC, comments:
“This is a significant shift for dual‑national children. Without their UK passport, dual national children may be unable to travel. In highly contentious cases, any delay or reluctance to hand over the UK passport could have immediate and disproportionate consequences for international arrangements. Ensuring that UK passports travel with dual-national children is now a matter of absolute necessity.”
Stewarts’ team consists of 13 specialist Children lawyers led by four partners. If you would like further information about our Children team and expertise in this area of law, please visit our Divorce and Family pages.
Please note that this article is not immigration advice. These rules arise from the UK Home Office. Stewarts works closely alongside specialist immigration lawyers where a case requires it.
