As we approach the summer school holidays, many families are planning their time away, often abroad and are looking forward to spending quality time with their children.
For those parents who have separated, the experience can sometimes be a stressful one. As family lawyers, we are often asked the following questions:-
1. Do I need the other parent’s permission before I take my child out of the country on holiday?
This depends on whether a court order is in place. If there is a court order providing that the child lives with you, you can take your child out of the country for periods of one month or more without the other parent’s permission. However, you must always be mindful not to breach the order by ensuring these periods do not infringe upon the time the child has been ordered to spend with the other parent.
Usually, within court orders, provisions are made for holidays, which provide certainty for both parents.
If there is no court order in place, neither parent can take their child abroad without the permission of everyone with parental responsibility. If you do, you are likely to be regarded as “abducting” your own child.
2. Who has parental responsibility?
Mothers automatically have parental responsibility. Fathers have automatic parental responsibility in respect of children born after December 1st 2003, where they are named on the birth certificate or if they have been married to the mother. Fathers also acquire responsibility if they are named on the court order as having the child living with them.
If you do not have parental responsibility and wish to acquire this, there are ways in which this can be done, and it is important that you obtain legal advice.
3. What about holidays in the UK or arranging to share the time the children have off school generally? Do you have any tips?
It is essential to communicate effectively with the other parent. The reality is that when both parents are working, they need to work together to coordinate their leave and then determine what other assistance they may require, such as help from family, including grandparents, or holiday clubs.
If this is difficult to do directly, then consider involving a third party to assist with the discussions. Utilising parenting apps designed for separated parents can also be helpful, and these apps can be used to communicate with the other parent and simplify the schedule as much as possible.
Planning is key. School holiday dates are often published over a year in advance, so there should be plenty of time to plan how the holidays are to be shared.
If you plan to take your child away, being open about the trip and sharing details will help reassure the other parent. Sharing details of the flight, accommodation and providing a contact number is important. A parent may also wish to schedule some FaceTime or phone calls between the child and the other parent during the time away.
4. If I am unable to reach an agreement with the other parent, what options are available to me?
If arrangements cannot be made between parents as to who is having the children and when, including during school holidays and on special days such as Christmas and birthdays, then it is important you obtain legal advice.
There are a number of methods by which you can attempt to resolve the issues in dispute without resorting to the involvement of the court.
Alternatives to family court include mediation, collaborative law and arbitration. These can provide a more flexible, less acrimonious approach to agreeing the holiday arrangements.
If this is not successful, court proceedings may ultimately be required. If you do wish to take your child on holiday, then it is important that this subject is brought up with the other parent as early as possible. Not only will planning be less stressful and provide certainty, but it also ensures that if court proceedings need to be issued, they can be done so in plenty of time.
If you need any assistance with a family law matter, please do not hesitate to contact our experienced family team at Mayo Wynne Baxter on 0800 84 94 101. We have team members who can advise you as to the best possible ways to resolve matters.
