The upcoming 6-week school summer holiday break can be a challenging time to navigate for separated families. The children’s welfare (and their own wishes, in so far as these can be ascertained) should be at the forefront of both parent’s minds when deciding any arrangements.
Agreeing arrangements
Often a starting point for families will be for the children to spend an equal amount of time during this period with each parent (whether that be on a week on/off basis or 3 weeks on/off). Ultimately the most suitable arrangement will differ from family to family as various circumstances, such as the work commitments of both parents, will naturally affect this. In any event, it is best for parents to discuss any arrangements in good time beforehand and only inform the children of their plans once these have been agreed.
Travelling further afield during the holiday periods
Some parents will want to take the opportunity of the summer holiday period to travel abroad with the children or enjoy a “staycation”. Either parent ought to notify the other of their intentions (by providing details of the trip, including the location, method of travel and dates) in plenty of time beforehand. They may also wish to consider setting some time aside for the children to keep in touch with the other parent whilst they are away.
If one parent wishes to take the children away in England or Wales and there is no court order in place, then the consent of the other parent is not required. It is however prudent to keep the other parent fully informed of the trip (as set out above).
On the other hand, the legal position for taking the children on holiday abroad will depend on whether a court order is already in place:
- Where there is a “lives with” order, the parent with whom the child is permitted to live may take the child abroad for up to 28 days per year, without needing the other parent’s permission.
- If there is no court order in place then it will be necessary to seek the consent of the other parent before travelling abroad.
What if arrangements cannot be agreed?
Mediation can be useful. This is where a neutral third party (mediator) works with both parents to assist them with reaching an agreement.
We can also assist with providing advice and agreeing arrangements through solicitor correspondence.
As a last resort, the Court can be called upon to decide these arrangements, and an application can be made on an urgent basis if necessary.
How we can help
At E J Coombs, we are experienced in dealing with arrangements for children, including providing assisting with reaching agreement and formalising arrangements to ensure clarity for your family moving forward.
We can also direct you to some appropriate mediators, if required.
Please do not hesitate to contact us, using the links below, to arrange an initial appointment discuss your options further.
