Taking children on holiday is tricky at the best of times: trying to remember to pack everything; negotiating with teenagers about not being able to spend time with their friends/phones; dealing with airports and inevitable travel delays. But throw in being a separated parent to the mix and it adds a further layer of complexity. Particularly as holidays are often a contentious issue. So, what does the law say about holidays and what can you do if you cannot reach an agreement?
A Child Arrangements Order
For all parents, having a defined plan for the holidays is essential and will require careful planning to deal not just with care arrangements, but also all manner of logistics: for co-parents this is no different. If there is a Child Arrangements Order (“CAO”) in place that regulates the children’s living arrangements, then it will almost certainly contain detailed provisions for exactly how school holidays and special dates will be split.
When it comes to holidays abroad, if you are named as the person with whom the children live in that CAO, then you can take the children abroad for up to 28 days without the consent of the other parent (or permission of the court), provided that the holiday being proposed falls within the children’s allotted time with you. This also applies if the CAO states that the children are to live with both parents.
That said, you should always communicate about holidays with your co-parent. Just because the CAO technically allows you to take the children away without needing your co-parent’s permission, it doesn’t mean that you should simply not tell them anything about the trip.
What if you don’t have a Child Arrangements Order?
If there is not a CAO in place, then the situation is different (and potentially trickier). You and your co-parent will need to work out how to split the children’s school holidays between you and permission for any holiday abroad will be required from all of those who have parental responsibility for the children. Taking a child abroad without permission is very serious – it is child abduction. Regardless of the length of the trip, you cannot take your child out of the country without the permission of the other parent.
The importance of communication
Whether you have a CAO or not, communication between co-parents about holidays is key. For example, if your co-parent is showing signs of concern about a proposed holiday abroad, ask yourself what you can do to reassure them. You may be able to solve any issues by simply being reasonable and understanding. Ensure you provide your co-parent with details about any planned trips well in advance – the more information you can give, the better. For example, the proposed dates, flight times, location and accommodation.
For co-parents who find it difficult to communicate with one another, seeking the assistance of an independent third party, like a mediator or family consultant, is essential. It provides co-parents with a safe space to air their concerns, and the third party can help guide them towards a resolution.
If co-parents are still unable to reach agreement about holidays, they will need to turn to the court for assistance. If your disagreement is about how school holidays should be divided, you will need to make an application for a Child Arrangements Order. If your disagreement is about permission for a holiday, you can apply to the court for a Specific Issue Order to take the children abroad. In general, the court views holidays as beneficial for children and it may be considered unreasonable to refuse consent.
Hannah Gumbrill-Ward is a Senior Associate Solicitor at Family Law Partners, a team of specialist lawyers who understand the importance of being able to co-parent effectively without resorting to court proceedings. If you would like more information, please contact us.
Hannah Gumbrill-Ward
Feature image: Depositphotos
