Separated or divorced? Who has the kids in the summer hols?

Eleanor Kay, a Solicitor in our Family team, explains how to organise who has the children in the holidays if you are divorced or separated parents.

Navigating child arrangements in the school summer holidays can be a difficult time for separated families. 

Conflicts can arise about the arrangements and facilitating those around work schedules and holiday commitments can present difficulties.

If there is no Child Arrangements Order in place nor a prior agreement reached (for example in mediation), parties must communicate to reach an agreement as to the arrangements. 

What works best for each family may differ, however it is essential that the arrangements are in the best interests of the child.

It may be that the summer holidays are agreed on a week on/week off basis or that if the child is of school age, that the normal term time arrangements continue to provide continuity for them. 

Much may also depend on the work schedules of the parents, and it is important to reach an agreement that works for everybody.

When it comes to trips abroad, whilst consent is usually required by the other parent with parental responsibility, this should not be unreasonably withheld if it is for something like a holiday. 

Generally, holidays are considered a fantastic opportunity for a child and should be permitted as long as it is in their best interests. 

A parent who has a Child Arrangements Order stating that the child lives with them is able to take the child out of the country for a period of up to one month without the consent of the other party.  

If communication has broken down and it is proving difficult to reach an agreement, or if you would just like any agreement reached confirmed in a solicitor's letter as a helpful tool to refer to, then we can assist to help alleviate the pressure, ideally without the need to involve court. 

We can assist you with advising what might present the best option when it comes to the child arrangements to include handover arrangements as well as how best to communicate your proposal for arrangements with the other parent. 

If you would like guidance and advice in relation to any of the issues above, we can discuss what would best suit your specific circumstances and the options open to you. 

We offer an initial appointment to discuss your situation, whatever it might be, for a fixed fee of £150 plus VAT.

For more information, please contact the Family team on 01603 625231 or email egkay@cozens-hardy.com or Sophie Smith, Partner at scsmith@cozens-hardy.com