Sorting Out Summer Holiday Contact Arrangements
The long summer holidays are just around the corner, and if you are a separated family, you may be worried about the arrangements for the children during the summer holiday period.
Holiday arrangements
The school summer holiday can be difficult for newly separated families who naturally want to spend as much time with their children as possible. If you do not have plans arranged, it is wise to start early. Talk to us now so they can help you to plan and agree on a timetable with your ex-partner. We can help you and give you specialist advice.
This may involve spending some of the holidays with you and some time with your ex-partner. The decision can depend on what works best for your family, your children’s ages, and your location.
Summer Holiday Contact Disputes
There may be many issues facing you, such as:
- One parent wants to take the children abroad, but the other parent objects
- One parent will not or cannot share the childcare during the holidays
- One parent wants the children to spend half the holidays with them
- One parent wants to take the children on holiday for two weeks or more, but the other parent thinks this is too long
- One parent wishes to have regular holiday contact, but as they are working, they plan to leave their children with grandparents or their new partner.
Resolving Contact Disputes
Whatever the nature of your dispute, it is important to get advice early to find out how best to resolve it. This may be achieved through solicitors negotiating on your behalf, roundtable meetings, Family Mediation, arbitration, or even court proceedings for a child arrangement order, holiday order, specific issue order, or a prohibited steps order. We can help you and recommend the best option based on your family situation. For example, if you are concerned about your ex-partner taking your children overseas and not returning them at the conclusion of the holiday, then you may need a prohibited steps order application. If it is a minor dispute over specific dates, for example, then a solicitor’s letter or negotiations may resolve it.
What if you cannot agree?
If you cannot agree on how contact will be arranged over the summer, then either parent can apply to the court for a children’s law court order, and the court will decide based on what contact arrangements are in your child’s best interest after the judge has considered all the factors in the welfare checklist. This checklist will require the judge to consider:
- The wishes and feelings of the child(ren), considered in the light of their age and understanding;
- Your child’s physical, emotional, and educational needs;
- The likely effect of any change of circumstances on your child
- Your child’s age, sex, background, and characteristics, which the court considers relevant;
- Any harm which the child has suffered or may be at risk of suffering;
- How capable the parents are of meeting the child’s needs (or other relevant person);
- The range of powers available to the court under the Children Act.
Do I need an Order to take my child on holiday abroad?
You will need a holiday order to take your child or children overseas if you do not have the other parent’s agreement (or anyone else with parental responsibility for the child) or if you do not have a child arrangement order that says the child lives with you. A child arrangement order only allows you to take a child abroad for up to four weeks. If you need advice, we are here to help you.
What happens if plans change?
Sometimes plans may have to be changed, but last-minute changes can cause feelings of disruption and uncertainty for children. Flexibility is often an essential part of child arrangements; however, it is important to maintain consistency and provide stability for your children.
Get advice early
It is important to seek advice early in the run-up to the summer as the season can be a busy time, and organizing a co-parenting schedule may not be easy, especially if you find it hard to talk to your ex-partner. We are here to help, and if you are struggling to put plans in place this year, please talk to one of our family lawyers who can assist in negotiating an agreement between you. We are happy to help you to resolve any issues regarding holiday contact.
Contact Us
Contact our family lawyers today on 01492 874774.