School Holidays for Separated Parents

For some separated parents school holidays can be a challenging time where child arrangements are concerned.

To avoid difficulties over the holidays we recommend arrangements are agreed where possible in advance. This can be through various options as specified below.

• The parents can agree the arrangements themselves. This can be through messages, a parenting plan, via a parenting app which have calendars to help with arrangements or whichever way of recording the agreement is best for the parents and the children.
• If the parents are unable to agree through communicating together then mediation is another option.
• Solicitors can also be instructed to help advise parents and negotiate an agreement on their behalf.
• If an agreement cannot be reached via the options above, then a court application for a child arrangements order will be needed. This is usually seen as a last resort as it is an expensive and lengthy process. We recommend applying to the court in advance of the holidays as it can take months before an initial hearing is listed.

How school holidays should be agreed

There is not a set approach as to how school holidays should be split as each family circumstances are different and what might work for one family may not work for another. It is best if parents can discuss arrangements and reach an agreement together and it is important to always have the children’s best interests as the focus when considering arrangements.

As long as both parents want to spend time with the children then the time can be split evenly between the parents. This could be alternate weeks during the summer holidays and a week each at Easter and Christmas or it could be two consecutive weeks during the summer holidays, and this may work best for parents who live some distance from each other. It is what works best for the family. We recommend before making any specific plans during the school holidays, an agreement is reached about the child arrangements with the other parent.

Can I go on holiday with my child during the school holidays?

Unfortunately, this can be a contentious area for many families where parents struggle to reach an agreement as to when one parent can take the child on holiday.

If a parent wishes to take their child away on holiday in England and Wales, then this is ok to do so and you will not need the other parent’s permission if it is within the time agreed you will spend with the child.

If you would like to take your child on holiday abroad then you will need the consent from any person with parental responsibility (usually the other parent) unless there is a court order in place granting you a Live With Order. If there is a Live With Order in place then you can take your child abroad for up to 28 days without the need for the other parents consent. If there is not a Live With Order in place and the other parent does not consent then you would need to apply to the Court for a specific issue order and if the parents are unable to agree then the Court will decide.

It is always important to provide the other parent in advance with the holiday details whether it is in the UK or abroad including location, flight details and provide an emergency contact number.

Who has Parental Responsibility

A mother has parental responsibility of a child from birth. A father or other parent have parental responsibility of a child in the following circumstances:

• They are married to the mother when the child is born.
• The father or other parent are named on the birth certificate.
• By a parental responsibility agreement
• Through a court order.

It is also possible for another person such as a step-parent or guardian to have parental responsibility.

When do I need a solicitor for child arrangements?

If parents are unable to reach an agreement themselves or need advice on what is reasonable arrangements in the circumstances, then advice from a family lawyer is always recommended.

Alternatively, if the parents have reached an agreement and would like the agreement recorded in a consent order then our lawyers can help you with this.

How can Andrew Isaacs Law help?

Our Family Lawyers have a wealth of experience in dealing with children matters.  Contact us today to arrange a fixed fee consultation to find out how we can help you.

Dated 06.08.24