Tips for Agreeing Holiday Contact Arrangements

Family holidays are meant to be an enjoyable time that we all look forward to, however for separated families agreeing holiday arrangements can often be a source of conflict. 

With the summer holidays looming you may be thinking of your next holiday abroad.  Here’s some points and useful tips to consider to hopefully avoid any stressful situations from arising.

Whilst children have school holidays scattered throughout the year, the summer holidays are often the time when a parent will seek to take their child/children away for a longer period of time on holiday either in the UK or abroad. 

It’s important to know whether or not there is an existing Court Order which regulates when the child/children should spend time with each parent during the holidays. 

If there are no Court Orders in place then it will be a matter of agreeing how the holidays are shared. Ideally this will have been done in advance and those details may form part of a Parenting Agreement between the parents.

If a parent wishes to take the child abroad then they will need the consent of everyone with parental responsibility.  This will usually just be the other parent. This is important because otherwise, if a child is removed from the UK without the permission of the other parent who has parental responsibility, it is an offence under the Child Abduction Act.

Alternatively, if a Child Arrangements “Live With Order” exists there is no need to obtain the consent of those with parental responsibility if the parent is travelling abroad for less than 28 days. 

If an impasse arises that can’t be resolved between the parents themselves then, if there is sufficient time, it’s important to obtain legal advice to understand your options. 

There are different forms of Non-Court Dispute Resolution such as mediation, Collaborative Law or seeking advice from your Solicitors which can assist in resolving the dispute without the intervention of the Court. 

Ultimately, an application can be made to the Court for a Specific Issue Order which involves the Court deciding if a child/ children can travel on a proposed holiday, however, an application of this sort should always be a last resort.

• Know the school holiday dates well in advance to avoid a conflict with the other parent about missing term time. 
• It is always a good idea to give as much notice as possible to the other parent about the proposed holiday e.g. dates, mode of travel and holiday destination to avoid misunderstandings arising.
• Plan ahead so that any proposed arrangements for a holiday in the UK or abroad does not clash with the other parent’s plans.
• Be prepared to be flexible and to compromise. 
• Even if you have a Live With Order and technically don’t require the other parent’s permission to travel, it is always advisable to communicate your plans in good time with the other parent to avoid unnecessary misunderstandings and acrimony. 
• Check if you need the written consent from the other parent to take the child abroad to comply with the immigration requirements of the country that you are visiting and UK border control.
• If you have family abroad that you are visiting, be prepared to offer reassurance to the other parent, who may be anxious, that the proposed trip is simply a holiday and that the children will be returning home to the UK.
• If no agreement can be reached then ensure that you leave enough time to seek legal advice, consider out of court options or, if necessary, make an application to Court for a Specific Issue Order seeking the Courts permission to take your child/children on holiday.

If you need help agreeing holiday contact or general child arrangements with your ex-partner then, please feel free to contact one of our friendly Family Law team who will be happy to offer guidance.