The school summer holidays can be a lovely opportunity to spend with your children, but for parents who have separated, it can be a difficult time to navigate. There are many issues that can crop up about holidays, contact times, handovers etc. It is, therefore, important to address these issues early and clearly before they become insurmountable.
What does my Child Arrangements Order say?
If you have already been through the Court, your Child Arrangements Order may set out what the arrangements are for your children to spend time with both parents during the summer holidays, including how the holidays are to be divided, and any associated conditions, for example letting the other parent have flight details, details of where you will be staying, emergency contact details, etc. This is likely to be the default position you should follow if you can’t reach an alternative agreement with the other parent. Any alternative agreement should be confirmed in writing to prevent one parent from alleging no agreement was reached.
If you can’t reach an agreement surrounding a change to the arrangements specified in the Child Arrangements Order, and you need to alter the arrangements, for example if you have changed jobs and are no longer able to obtain annual leave in accordance with the Order, an application to Court may be needed to vary the existing Child Arrangements Order.
What do I need to consider?
There are many details you should consider when discussing holiday arrangements with the other parent. Below is a list of some matters you may wish to discuss:
- Where should the children live during the holidays? Should it be with one parent, or should care be shared?
- How long should the children spend with both parents? Should this be equal (i.e each parent has three weeks) or should there be an unequal division of time, which may be dependent upon annual leave allowances and work patterns?
- What should the pattern of contact look like? Is it week-on, week-off, or should each parent have blocks of two/three weeks at a time?
- Are both parents allowed to take the children abroad? If so, who keeps the passports and when should passports be handed over to the other parent? Does there need to be video contact with the parent who hasn’t taken the children abroad during the week the children are on holiday?
- How much notice of holidays should be given at a minimum?
- Should flight/accommodation details be shared with the parent not taking the children on holiday?
This is by no means an exhaustive list, and some considerations may be specific to your children’s schooling situation. For schools in Leicestershire, for example, as the schools break up a week earlier than the schools in the rest of the country for the main summer break, holidays are often cheaper during that first week. Do parents need to alternate the first week of the summer holidays on an annual basis, so that one parent does not have that week every year?
How do I resolve a disagreement with the other parent?
There are several different options available to you to resolve any disagreements with the other parent, including mediation, arbitration, solicitor negotiation and the Court process. Our solicitors in the Family Team at Johnson Astills can provide advice on all of the options in greater detail. Please do not hesitate to contact Johnson Astills, and our expert solicitors can advise in what may be the best option for you to take.
Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or complete our enquiry form.
