Family law
Child arrangements over the summer holidays
The summer holidays can raise lots of questions for separated parents about arrangements for their children. Our experts explore what you should consider when co-parenting during school holidays.
The summer holidays are a time of excitement and freedom for children, but for parents it can raise questions and seasonal stress, especially if you are co-parenting. While a standing child arrangement order may already be in place to dictate where the child lives and how time is split, summer holiday schedules may look different to this.
If you are planning to go on holiday with your child this summer, it is important to consider how you will communicate this to your co-parent, and what you can do if an agreement cannot be reached.
Planning ahead for holidays
Communication is always one of your most valuable tools and best used in advance. Having conversations early about holiday plans and preferences for the dates your child is with you can help avoid disputes during the holidays. Clarity on what holidays will look like can help you, your child, and your co-parent feel at ease and in control.
Keeping open lines of communication can help both parents feel as though they have a platform to express their wishes and feel heard, which can help keep the situation amicable.
Understanding your legal obligations regarding holidays is important, especially regarding shared custody and how your plans could relate to agreements you already have in place. It is helpful to have a written agreement, such as an email or a signed letter, of who will be responsible for the children at which times, especially if this differs from pre-existing agreements, in case any misunderstandings or disputes arise later. For example, if you choose to take your child on holiday abroad and your co-parent later decides to dispute it, having written evidence of your prior agreement could prevent any legal issues occurring.
In some cases, you may not be able to reach an agreement with your co-parent and may choose to instruct a family law solicitor to help you negotiate a plan, provide legal support and facilitate family mediation sessions.
If communications break down and the dispute cannot be resolved through negotiation, a specialist family law solicitor can also help you to apply for a specific issue order.
Specific issue orders
Specific issue orders are court orders to resolve issues regarding a child when their parents cannot agree on a particular issue or question. Either of the child’s parents, or anyone with parental responsibility, can apply for one and it can tackle issues such as taking a child abroad. The purpose of these court orders is for the court to intervene and make a decision in the child's best interests when an agreement cannot be reached.
Before proceeding with a specific issues order, you should seek legal advice from our specialist family law solicitors, as they can assess your situation, provide guidance on whether pursuing one of these orders is appropriate, and guide you throughout the process if it is.
What happens a parent takes their child abroad without the right permission?
If a child is taken abroad without consent from both parents, or those with parental responsibility, it is classed as child abduction. The consequences of this are not only that it can impact existing custody arrangements, but you could also face criminal charges under Child Abduction Act 1984.
According to the Child Abduction Act 1984, taking a child under the age of 16 out of the country without the proper consent is a criminal offense, punishable with a maximum sentence of seven years if you are found guilty. Furthermore, it means that if you choose to take your child on holiday without consent from your co-parent, they could take legal action which can demand the child's return and impact existing child arrangements.
How can Slater and Gordon’s family law team help?
Summer holidays should always prioritise family memories, no matter what your family looks like. Our team of expert family lawyers have extensive experience with all aspects of child arrangements and are on hand to support you in whatever situation you find yourself in.
If you require clarity on your legal obligations regarding child arrangement orders, or if you need support for a specific issue order, get in touch with leading experts in the field.
Call us on 0330 041 5869 or contact us online here.
