Summer Holidays and Child Arrangements: How do separated families navigate the holidays?

For many families, the summer holidays are a time of excitement, travel, and making memories. However, for separated parents, the six to eight-week school break can present unique challenges when it comes to child arrangements, communication, and co-parenting. Unfortunately, it is rather common that disputes can arise in relation to holiday contact, travels abroad and childcare arrangements. Having a child-focused plan with a clear approach for the summer holidays can be extremely helpful to reduce conflict.

Ultimately during term time, many separated families work on established routines, which work off a firm week schedule with structured extracurricular activities and school attendance. The same routine does not apply to summer holidays and it can therefore be an uncertain time for separated families. Many parents may wish to take their children on holiday, whereby there may be passport issues, requests for extended periods of contact or have to plan around their work schedule. In some families, where communication between parents is strained, these changes can quickly result in disagreements.

As such, it is advisable for parents to have a schedule and an agreement ahead of the summer holidays to ensure that conflict does not arise. Advance planning is therefore fundamental to provide the children with certainty and stability. Parents should seek to agree their holiday dates, travel plans and contact throughout the summer.

In some cases, where there is already a Child Arrangements Order in place, parents should carefully review the terms to guarantee that they comply with the terms of the Order over the summer period.

Foreign Travel

Foreign travel is often one of the most contentious issues during the summer months. Many parents are unaware that specific legal requirements may apply when taking their child abroad.
Where a Child Arrangements Order provides that a child lives with one parent, that parent may take the child abroad for up to 28 days without obtaining the consent of the other parent, unless the order states otherwise and it does not impact the children’s designated time with the other parent. Where there is no order in place or any such provision within an order, the consent of every person with parental responsibility may be required before the child can be taken abroad.

For the purposes of maintaining a positive co-parenting relationship, parents should ensure that they provide full details of the travel plans, including destinations, accommodation information, and emergency contact details. This not only provides the other parent with reassurance, but also transparency which aids the co-parenting relationship in many ways. Aside from the legal requirements around foreign travel, it is paramount to focus on the children’s wellbeing, wishes and feelings. The emphasis is not solely on what is convenient to each parent, but instead the children’s best interest.

When Agreement Cannot Be Reached

Whilst it is hoped that parents are able to communicate efficiently about the summer holidays, in some cases it is simply not possible. It is therefore important to be informed about how any disputes can be resolved. Court tends to be considered as the first port of call. However, Court proceedings are costly and often time consuming. Furthermore, with current Court delays, there is no guarantee that your matter would be heard by the Court prior to the holidays. At Pearson Hards we therefore encourage you to look into alternative methods of dispute resolution including mediation, arbitration and round table meetings. Not only does this have the benefit of seeking to resolve matters promptly and in a cost-effective way, it encourages the parties to focus on the children’s best interests and improve relations/communications for not only the upcoming holiday period, but also the future.

Obtaining advice at an early stage can help avoid unnecessary stress, expense, and disruption for both parents and children.

If you are experiencing difficulties in agreeing summer holiday arrangements, or have concerns regarding foreign travel, parental responsibility, or child arrangements generally, our Family team can assist you by providing specific legal advice based on your circumstances.