Summer holidays, making arrangements for the children

Making arrangements for the children to spend time with both parents over the summer period can be extremely stressful and very difficult. Try to plan arrangements well in advance. Try to discuss matters amicably with the other parent to ensure that the children get the opportunity to spend time with both parents over this period. Try to ensure that they do spend quality time with each parent.

If you wish to take the children on holiday, provide the other parent with full details of the holiday well in advance to include the address, travel and flight details and contact details. Telephone the other parent to let them know you have arrived safely, encourage the children to send a postcard or email.

If you wish to take the children abroad you will probably need the other parent’s agreement. You cannot take your children out of the country without either the written consent of every person who has parental responsibility for the child or the consent of the Court.

This means that if you wish to take your child on holiday abroad and the other parent who has parental responsibility does not agree then you cannot take them. Unless one of the following applies:-

(a) You have a Child Arrangements Order confirming the children live with you.
(b) You have a Court Order giving consent.

If you have a Child Arrangements Order confirming the children live with you, you are entitled to take the children out of the country for a period of less than one month without the other parent’s consent. The parent without a Court Order will need the consent of the other parent.

If the matter was before a court, a Judge will consider what is in the best interests of the children and this will be the Court’s paramount concern. Generally the Courts are unlikely to prevent a child from going on holiday with the other parent if that holiday is on the face of it enjoyable and in the children’s interests.

An objecting parent would have to provide very good reasons as to why a holiday was not in the child’s best interest. In previous cases objecting parents have been concerned that the child will miss schooling; the parent wishing to go on holiday has incomplete and inappropriate travel plans; the parent with care was not well; or the child’s health was such that a holiday was not in the child’s interest. Some parents are concerned that the holiday is a ruse for abducting the child and not returning them home. For the Court to consider this there would have to be a very clear identifiable concern. The Courts are also likely to be more cautious in this regard when the application involves a holiday in a non Hague Convention country.

Trying to sort out the plans for the children over the summer can for some parents be very difficult. Try and consider whether your suggestion would be one that you would be happy to accept yourself, next year. If it is then alternate the arrangements year by year.

If you find that discussions with the other parent are just too difficult, Holmes & Hills’ team of Family Law Solicitors can help negotiate with your ex on your behalf to ensure that an agreement can be reached on an amicable basis. We can also advise you with regard to the law and whether the proposals you are putting forward are reasonable and ones that would be endorsed by a Court.

Holmes & Hills Solicitors in Braintree offer an initial consultation appointment for £120.00 plus VAT. This time allows a solicitor to talk with you and fully understand your current position and your family situation. We provide you with initial advice with regard to the law and advice as to the steps and options available to you.

Once the arrangements are sorted you can get on with all those other jobs that you need to do. Happy holidays!