Child Arrangements for the Summer Holidays

With school holidays just around the corner, separated parents will by now be making plans for their children’s summer. This can be a difficult task but what is the best way to go about it?

Reaching an Agreement Between Co-Parents

Where the parties are co-parenting by agreement they can work together to come up with a plan to suit the children and themselves. This can be done directly with the other co-parent, or if that is not possible, they can attend mediation to try and reach an agreement there. Mediation is a process in which an independent, professionally trained mediator helps parents to work out arrangements for the children following separation. It can be quicker, less stressful and less costly than court proceedings.

Even where the relationship between co-parents is strained, it is important to prioritise the children’s happiness and wellbeing when making the summer arrangements. Holiday time with each parent can give the children an opportunity to make wonderful memories that will last a lifetime. The welfare of the children is paramount and if there are no safeguarding concerns, then extended periods with each parent can enhance and strengthen their relationship.

If the co-parents cannot reach an agreement, then provided that they have tried mediation, either of them can ask the court to make a decision about where the children will spend their time. This is seen as a last resort, due to the cost, time, and uncertain nature of proceedings.

Taking Children Abroad

It is worth remembering that a co-parent must obtain either the consent of the other co-parent, or the permission of the court, before taking the children abroad or they could face criminal charges for abduction.

Applying to Court: Child Arrangements Orders and Specific Issue Orders

Child Arrangements Orders

If the co-parent applies to court for a child arrangements order, the court can take a complete overview of the arrangements regarding where the children live and where they spend their time. As it opens up all areas, it might not be suitable for a standalone issue such as the summer holidays unless there are other issues that the parties need to be resolved.

Specific Issue Orders

For a single issue like a foreign holiday, co-parents can apply for a specific issue order. This is a court order which resolves a particular issue concerning parental responsibility. When making both specific issue orders and child arrangements orders the court consults the ‘welfare checklist’, which is a list of factors to ensure the children’s best interests are prioritised in the case.

A parent with a child arrangements order stating that the child ‘lives with’ them can take the child abroad for up to 28 days without the other co-parent’s consent. However, this is only if the order is silent on holiday time. It is much more likely that if an order has been made, it will include a set holiday pattern. So the parties will still need to abide by the order and return the children to the other co-parent on time, or they will be in breach of an order.

There are serious penalties for breaching an order. Actions available to the court are unpaid work, a fine and even committal to prison in serious cases.

Court orders can cover related issues such as who looks after the children’s passports and how they are passed between the parents; whether further permission is required within the holiday period for the children to go abroad; and time limits for the co-parents to provide one another with holiday details such as flight times, accommodation details and emergency contact details.

Practical Tips for Travelling with Children

When travelling with the children, it can be best to carry a letter of consent from the other co-parent to travel. This is particularly where the travelling parent has a different surname to the children, in which case it is also advisable to carry evidence of their relationship to the children, such as their birth certificate, to avoid any issues at the airport.

Planning Ahead for a Smooth Summer

In order for the summer holidays to proceed as smoothly as possible, it is advisable to start the discussions as early as possible, to be open and transparent about the holiday arrangements and most of all to prioritise the children’s best interests in order for them (and the co-parents) to have an enjoyable and carefree summer.

How Can We Help?

If you are a separated parent and need advice on child arrangements, whether that is reaching an agreement, making an application to court or understanding your position before the summer, our family law team would be happy to help. Get in touch to speak to one of our solicitors.