Summer contact - make arrangements now to avoid the holiday blues.

For separated couples holidays are always a great topic of debate. The summer holidays in particular can be challenging, with longer periods away from the structure of school and parents having to take more time off work to look after children.

Therefore, understanding the legal position is crucial to navigating this tricky period. We look at this in more detail below.

The legal position

The summer holidays are typically the period when most families plan their main breaks away.  Sadly, there is no clear hard and fast rule when it comes to family holidays for separated parents. The Courts however are typically supportive of both parents getting the opportunity to take the children away during the holiday periods.  That said, they can be a lot more reluctant to approve any holiday in term time, given that schools generally don’t permit it either.

There is a general expectation that school holidays should, wherever possible and practical, be split equally.  This could be with each parent having a three-week block or alternatively, operating a week on/week off approach.  A further option is for each parent to have either the first or last week of the holiday and then each having a two-week break, thus allowing for longer holidays with the children.

Approach for parents

It is important that parents approach any arrangements with a child focussed attitude as to what is in the children’s best interest. They should also consider the children’s own wishes and feelings.  Parents intending to take holidays should give consideration as to whether some form of indirect contact can be maintained with the other such as by telephone or video call.   Providing details as to flights, destination and return of the passport can also provide a degree of reassurance.

Direct communication between parents is always the most preferable and quickest way of resolving these issues.   

Where that is not possible an early referral to mediation should be considered so that discussions can be facilitated by a trained professional in order to try and reach an agreement. 

Applications to court

Only where all else has failed should an application to court be made for a specific issue order.  The Court will consider the Children Act 1989 when making any such order, specifically whether what is being proposed is in the best interest of the children.   Such applications can take time for the court to process so making that application at the earliest opportunity is crucial to ensure the matter is heard before the holiday is due to start.  Leaving it until a couple of weeks before hand is not going to give the court enough time to process and hear the matter.

Parents should also be aware that they require everyone who holds parental responsibility for a child to consent to a holiday outside of England or Wales if they do not hold a live with order from the court.  If this consent is not obtained, they may be prosecuted under the Child Abduction Act.

Where agreements are reached, they should be done so in writing so that evidence can be produced to passport control if ever questioned.

Holidays will always be beneficial to children.  Parents should take a practical approach to ensure that children can enjoy holidays with both parties over the summer

Here to help

At HCB Solicitors, we have a dedicated team providing advice on all areas of family law. If you would like to know more or have any questions, please contact us.