Separated families summer holidays finding solutions to reduce conflict

Reducing conflict for separated parents

Whilst it is usually every parent’s wish to spend quality time with their children over the school holidays, it is not always easy to arrange. Children can have in excess of 13 weeks’ holiday each year (and not many of us have 13 weeks annual leave!). Parents often wish to take children abroad, particularly during the long summer holiday period and have to juggle work commitments.

There are no hard and fast rules as to how much time children should spend with each parent or how children should share their time during school holidays. Often, families have to be rather creative to come up with workable solutions for their personal circumstances. And, if you are wishing to take your child(ren) abroad on holiday, here are some tips for agreeing on the arrangements:

Separated parents need to be aware that they require the consent of all people who share Parental Responsibility for their child(ren) to take them abroad. It is best if this consent is provided in writing. (Holidays in England and Wales would not usually require the other parent’s permission, but it is often best to obtain this, to help build the co-parenting relationship).

If you travel without permission, you could be accused of child abduction. However, it would be unreasonable for the other parent to withhold consent unless they believed the child(ren) would be at risk of harm if they were to go abroad. Where parents are intending to travel to holiday destinations (in accordance with Foreign & Commonwealth Office travel advice) it would be unreasonable for the other parent to prevent this in the absence of any welfare concerns.

Ultimately, the Family Court could make a decision as to whether you have permission to take your child abroad on holiday (known as leave to remove from the jurisdiction). However, Court proceedings are a last resort.

Courts are currently experiencing significant backlogs, so an application to Court is never a ‘quick fix’. The proceedings can be expensive and cause considerable delay and acrimony. Before making an application to Court parents are encouraged to consider other ways to resolve the issue (Alternative Dispute Resolution) including:

There are numerous out-of-court options but the best solution is likely to be the arrangement that you and your child(ren)’s other parent can agree between you.

If you would like to discuss arrangements for your children please contact the Family team at Hatch Brenner Solicitors. We are happy to help you and arrange an initial consultation with one of the solicitors in our team. Email [email protected] or call 01603 214