BUSINESS
FAMILY PLANNING FOR SCHOOL SUMMER HOLIDAYS
BY GEMMA PURT, HEAD OF THE FAMILY LAW DEPARTMENT AT GIRLINGS SOLICITORS
The summer holiday period is fast approaching and for most families it requires careful planning and complex navigation. Often, greater planning is necessary for families where parents are separated.
If you have a court order setting out the arrangements for your children then you must comply with this or apply to court to vary it.
If you do not have a court order, then you should try to make the arrangements yourselves. You can do this by discussing matters one-to-one or by using a third party to assist, such as a solicitor or mediator.
Courts will only make an order setting out which parent the children will live with or the time the children will spend with the other parent if the parents cannot agree the arrangements themselves. The court works on the presumption that children should have a relationship with both of their parents, unless there are safety or welfare concerns. The court will usually expect school holidays to be divided equally.
Depending on the ages of your children, it may not be appropriate for them to have long periods away from one parent and this should be factored into any decisions made. Further, if there are long distances between each parent’ s home then it may be appropriate for there to be longer time with each parent to reduce time spent travelling.
You are not required to take annual leave for the entire time the children are in your care, and you might arrange holiday clubs or for them to spend time with grandparents.
A parenting plan which sets out the arrangements and is agreed to by both parents can ensure plans are clear and unambiguous. Various parenting apps are available and can provide a neutral platform to help parents communicate with one another.
If either parent plans to take the children out of the country for a holiday then, unless you have a court order stipulating that the children live with you, you will need consent from everyone with parental responsibility. Consent should be obtained in writing and you should take a copy of the document with you when you travel as you may be asked to produce it. You should also check if there are any specific entry requirements of the country you are travelling to for children not travelling with both parents.
However, you only need consent if you are going abroad.
If the other parent refuses to provide consent, you should seek advice from a family law specialist as soon as possible as you may need to apply to the court for an order allowing you to take the children on holiday. If your children are of school age and the holiday abroad is during the school holiday, and it is not to a country where travel is prohibited then the court is likely to allow it. However, if you do not obtain the relevant consent, you could face criminal charges for taking the children out of the country.
You should provide the other parent with details of your flights and accommodation. You should also agree on specific times for video or telephone calls while you are away, or if you want to remain flexible agree on how regular contact should be. When considering what information to provide, think about what you would want to receive in return.
If you would like information relating to this or any other family law matter, please contact Gemma Purt at gemmapurt @ girlings. com.
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