With school holidays fast approaching, many families are looking forward to a break from routine. However, for separated or divorced parents, this period can bring practical challenges when it comes to child arrangements. Navigating holiday schedules, work commitments, and ensuring quality time for both parents can be complex, especially if existing arrangements don’t account for the extended time off.
If you and your ex-partner are struggling to agree on child arrangements for the school holidays, this guide explores the key considerations and legal options available to you.
Is There a Child Arrangements Order in Place?
A Child Arrangements Order is a court-issued order that sets out where a child lives and with whom they spend time. Some orders include specific provisions for school holidays, while others may only cover term-time arrangements.
If a Child Arrangements Order is in place, both parents are legally required to follow it. Failing to comply could result in enforcement action by the court. However, if your current arrangement no longer meets your child’s needs due to changing circumstances, such as a new school schedule or evolving preferences as they grow older, you may need to seek a modification of the order.
Options for Adjusting Child Arrangements
Direct Communication Between Parents: Where possible, it is always best for parents to communicate and reach an agreement independently. This allows flexibility while prioritising the child’s best interests. Planning ahead and discussing proposed arrangements well in advance can help prevent last-minute conflicts.
Mediation and Negotiation: If direct communication isn’t working, mediation can be a helpful way to facilitate discussions in a neutral setting. A professional mediator can help both parents express their concerns and find a mutually beneficial solution. Under current UK family law, mediation is now a mandatory step before applying to court, except in cases involving domestic abuse. If mediation is unsuccessful, negotiating through a solicitor may be an alternative approach.
Court Application for a Child Arrangements Order: If no agreement can be reached, applying for a Child Arrangements Order through the family court may be necessary. This should always be a last resort. The court will consider the child’s best interests when determining how the holiday period should be split between parents.
Can I Take My Child on Holiday?
A common point of contention during school holidays is whether one parent can take the child away on holiday, either within the UK or abroad.
- If there is a Child Arrangements Order stating that the child lives with you, you can take them abroad for up to 28 days without the other parent’s consent.
- If there is no court order in place, you must seek permission from everyone with parental responsibility before taking the child out of the country.
- If your ex-partner refuses consent unreasonably, you may need to apply for a Specific Issue Order to seek permission from the court.
Even if you do not require legal consent, it is always best to communicate plans in advance to maintain a positive co-parenting relationship and avoid disputes.
Who Can Be Around My Child During the Holidays?
Another common concern arises when one parent introduces new partners or unfamiliar individuals into the child’s life. While it is natural for both parents to have separate social circles, it is essential to consider the child’s well-being when making introductions.
While a parent cannot generally dictate who the child spends time with during the other parent’s contact time, if there are safeguarding concerns, legal action may be required to impose restrictions. Seeking legal advice can clarify your rights and options in such situations.
Why a Child Arrangements Order is Useful for School Holidays
If disputes frequently arise, a Child Arrangements Order can provide clarity by legally defining the holiday schedule. The court can specify:
- Which parent the child stays with during different holiday periods.
- How handovers and travel arrangements should be managed.
- Any necessary adjustments to term-time arrangements to accommodate the holidays.
Having a legally binding arrangement can reduce conflicts, ensuring both parents and children can enjoy a stress-free break.
When Should I Seek Legal Advice?
If you are struggling to reach an agreement with your ex-partner, seeking legal advice early can help prevent disputes from escalating. At Arlingsworth Solicitors, our family law specialists provide expert guidance on negotiating arrangements, attending mediation, and applying for court orders where necessary. To discuss your child arrangements over the school holidays, contact our team today for personalised legal support.
