Family Holidays

Holidays are a special time for parents and children whether taken in the UK or abroad. Following a separation, both parents are likely to want the opportunity to spend time with their children during holidays, but it can sometimes be tricky to reach agreement on the specific arrangements.

It is always best to try to agree matters with the other parent amicably if possible. Consider drawing up a parenting plan to clearly set out your agreed arrangements (including holidays):-

https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-plan/

In situations where you are struggling to communicate directly, consider mediation with a view to reaching an amicable solution. A trained mediator is independent and will not take sides between you. They will try to help you find a way forward but will not impose a solution upon you.

The Law

If you are intending to holiday in the UK, you do not usually require permission from the other parent – but it is worth seeking this anyway as it should help to build a good co-parenting relationship. The parent who wants to take the children on holiday should give the other parent plenty of notice and both parents should be reasonable and try to keep in mind what is best for the children.

For holidays abroad, where parents share parental responsibility (which will usually be the case if the father is named on the birth certificate) they will require the permission of the other to take the child out of the UK, or failing such permission, an order of the court (known as a Specific Issue Order). If one parent has a Residence Order or Child Arrangements Order confirming that the child lives with them, they can take the child abroad for up to a month without the consent of the other parent.

Where it becomes necessary to involve the court, this can take many months, so it is worth seeking permission well in advance to avoid disappointment.

If you want to discuss anything in this article, then please contact us.