The school summer holidays for divorced parents with children can be a bit of a battleground. If you’re a child’s primary caregiver, the thought of having to ask your former partner if you can take the children away on holiday might fill you with dread. The key is honest communication and a summer holiday Parenting Plan or Child Arrangements Order.
It’s best to let your former partner know of your plans for the summer holidays with your children – as far in advance as possible. You should certainly tell them the details that they would be expected to know such as where you’re going, the dates on which you are travelling and who else is going besides you and your children.
If you can come to an agreement between you, this might take away the need for a summer holiday Child Arrangements Order, but you could consider having a Parenting Plan drawn up to incorporate your agreement. If you’re not sure whether you can take your child on holiday without your former partner’s permission, it’s worth considering a Court Order.
Assurances under a summer holiday Child Arrangements Order
If you have a Court Order in place, and the children are registered as ‘living with you’ on the Order, you can take your children abroad for up to four weeks. However, if you plan to be away with your children beyond four weeks, you will need to make an ‘application to vary’ at the Court to adjust the Order and allow for a longer period of travel.
If there is no Court Order in place, there is no limit on how long you can take your child(ren) abroad. However, you should be aware that your former partner can apply for a Court Order at any time if they have concerns about you travelling abroad with a child for an extended length of time.
Should you fail to communicate your plans with your former partner, you risk being summoned to Court to explain any trips, and whether they are ‘necessary’.
Failing to agree child arrangements
If you and your former partner cannot agree on child arrangements for the summer holidays, you should attempt to agree a compromise for the sake of your child(ren). Family mediation is a great option to pursue if you think that an agreement cannot be reached between the two of you, as a third party can help you reach a joint agreement.
Should talks between you and your former partner not work out, and mediation is unsuccessful, you can then apply for a Child Arrangements Order clarifying specifically when the children spend time with you during the summer holidays – and other school holidays in the future.
The Court will consider the views of both parents and will make a final decision based in on the welfare of the child(ren) and what is in their best interests.
If you can agree holiday arrangements between you or through mediation, there may be no need for a Court Order. However, if you feel that you can’t trust your former partner not to renege on an agreement, you may want to consider a Child Arrangements Order application with the Court or at the very least enter into a Parenting Plan.
A Child Arrangements application can invite the Court to make a Final Order, which is legally binding and sets out term-time and holiday arrangements for your child(ren). However, the Court can refuse to issue an Order if it deems that it’s not in a child’s best interests – known as the ‘no Order principle’.
Every case handled individually
Every case involving children and summer holiday child arrangements is assessed individually because personal circumstances will differ. The Court will assess all concerns that you raise and go through the ‘welfare checklist’ – as outlined in the Children Act 1989. The list outlines key considerations that need to be made before making an Order.
