Making arrangements for children during the school holidays, especially the summer holidays, can create challenges for separated parents.
It’s important to plan ahead, if possible, to ensure that a child’s best interests and needs are met.
Clear agreements can help avoid conflict and uncertainty and promote good working relationships. These help everyone, most importantly children themselves, know what’s going on, where they stand and enjoy themselves.
However, it’s not always possible to reach agreements. If it’s not possible, family lawyers can assist where disputes arise.
What Are School Holiday Parenting Arrangements?
School holiday parenting arrangements during school breaks often mean that parents need to work together closely which can be difficult following separation. When together, parents might have been able to make school holiday parenting arrangements easily perhaps taking annual leave or changing their own working patterns to look after their children, to make childcare arrangements and to take trips or holidays together.
After separation, all of these issues can be sources of conflict, particularly if money is tight for one parent or the other.
After separation, parents will often have term-time arrangements and school holiday arrangements. Typically, the usual term-time arrangement is paused to take into account the children’s needs, children’s arrangements and trips and holidays.
There isn’t necessarily a one size fits all answer, as different school holiday parenting arrangements work in different families. Some families split holidays equally in blocks of time, others alternate weeks to allow holidays or longer periods or special occasions with one parent or the other.
Do Parents Need a Formal Agreement for School Holidays?
Parents don’t need a formal legal agreement and most school holiday parenting arrangements will be dealt with by way of informal agreements between parents.
Written agreements can be helpful to reduce misunderstandings and to help plan. Everyone will know where they stand. They can also be useful to record travel arrangements, timings and accommodation and avoid difficulties at airports and borders.
What Happens if Parents Cannot Agree?
There are a number of ways to resolve disputes about school holiday parenting arrangements.
Family lawyers can advise a parent about their plans and support them in negotiations with the other parent to reach an agreement.
Family mediators can work with both parents to make arrangements that meet the family’s needs and those of the children.
Lawyers and mediators can help make school holiday parenting arrangements legally binding, if that’s required.
Applications can be made to the Family Court for orders if agreements aren’t possible.
Child Arrangements Orders
Orders aren’t necessary if agreements are possible.
However, where disputes arise the Family Court can make orders. Child Arrangement Orders made in Family Court proceedings can set out very precisely when the children will be with one parent or the other, whether they’re allowed to travel and where to and, less commonly, how school holiday parenting arrangements will be paid for.
Other orders – specific issue and prohibited steps orders – can also be made, for example, to allow a child to travel overseas with a parent or prevent that.
How Do Courts Decide School Holiday Arrangements?
The child’s welfare is the Court’s primary (paramount) concern.
In considering this, the Family Court looks at what is known as the “welfare checklist” under the Children Act 1989.
The factors that the Court may consider include:
- The child’s age
- Their routines
- Their relationship with each parent
- Travel distances
- Practical arrangements
- The child’s wishes (depending on their age and maturity)
Can a Parent Take a Child Abroad During School Holidays?
Yes! But plan ahead.
It’s important to provide flight and other travel details, accommodation information and emergency contact details.
Do I Need Permission to Take My Child Abroad?
To take a child out of the country, even for a short time, there’s a requirement to have the consent from everyone with parental responsibility for the child. The child’s mother will have parental responsibility. Usually, it’s both parents and that’s always the case where the parents have been married to each or the father is named on the child’s birth certificate.
Where a Child Arrangements Order is in force, other rules apply. A child can be taken abroad for 28 days without getting permission if the child arrangement order says the child must live with that person, unless a court order says that cannot happen.
A letter from any other person with parental responsibility for the child is usually enough to show permission to take them abroad. The traveller might be asked for the letter at a UK or foreign border, or if there’s a dispute about taking a child abroad. The letter should include the other person’s contact details and details about the trip.
What Happens if a Parent Refuses Consent?
As mentioned above, lawyers and mediators can advise, help and support. If that doesn’t resolve the dispute, then the Family Court can make orders.
Tips for Successful Co-Parenting During School Holidays
- Plan early
- Communicate clearly
- Keep arrangements child-focused
- Be flexible where appropriate
- Confirm agreements in writing
- Avoid involving children in disputes
- Take early legal advice if problems are anticipated or agreements unlikely.
All of these will ensure that arrangements work for everyone and holidays are enjoyed by all.
In Summary & How We Can Help
If you are struggling to agree school holiday parenting arrangements, seeking early legal advice can help you reach a practical solution that works for both you and your child. Our experienced family law team can advise you on parenting agreements, mediation, Child Arrangements Orders, and holiday disputes. Please contact us on freephone 0800 011 6666 or at legal@timms-law.com for confidential advice.
Frequently Asked Questions
Can one parent stop holiday contact?
A parent should not stop agreed holiday contact unless there are genuine welfare or safety concerns. If there is a Child Arrangements Order in place, both parents are expected to comply with it unless varied by agreement or the Court.
Do school holidays have to be split equally?
No, there is no automatic rule that school holidays must be shared equally. Arrangements should reflect the child’s best interests and what works practically for the family.
Can children choose where they stay during holidays?
A child’s wishes and feelings may be considered, particularly as they get older and more mature, but the final decision should always be based on their welfare.
What if my ex changes arrangements at the last minute?
It is usually best to try resolving issues through calm communication first. If disagreements continue, mediation or legal advice may help prevent ongoing disputes.
Can grandparents spend time with children during holidays?
Yes, grandparents often play an important role during school holidays and parents can agree arrangements for extended family contact where appropriate.
Do I need Court permission to travel abroad?
You will usually need the consent of everyone with parental responsibility before taking a child abroad, unless a Court Order states otherwise.
