Often, holidays and school breaks can be marred by disagreements in relation to when and how a child should spend time with a parent, or other family member.

We have come up with a handy guide to help you through the common problems that you and your loved ones may experience over holiday breaks (and if we’ve missed any out, please contact us and we will be happy to answer any more specific questions).

We’ll take you through some scenarios now:

My ex-partner will not let me see my child

If you are prevented from seeing your child without good reason this can be a very distressing time. 

It is always hoped that matters can be resolved amicably by discussion or through mediation. Going to court is always a last resort.

A Child Arrangements Order regulates with whom a child is to live, spend time or otherwise have contact with and when a child will live, spend time or otherwise have contact with a person.

For example, if you and your partner have separated  and agreed that your child will live with your ex-partner but you have been unable to agree contact arrangements between yourselves, or through mediation, you will need to apply to the court for a Child Arrangements Order. If granted, the order will set out when your child is to spend time or otherwise have contact with you.

I want to take my child on holiday but my ex-partner won’t let me

An ex-partner not allowing you to take your child abroad on holiday can throw a spanner in the works of what should be a brilliant trip where you will be spending quality time with your child. So what should you do?

If you want to take your child out of the country, first of all, you must get consent from any person with parental responsibility, or in the absence of such consent, you will need permission from a court before taking the child abroad.

Taking a child under the age of 16 years out of the country without permission or a court order is child abduction.

If a Child Arrangements Order says that a child is to live with you, you are able to take the child abroad for 28 days without needing permission.

A letter from the person with parental responsibility for the child is usually enough to show you’ve got permission to take them abroad.The letter should give details of:

• When and how you are returning
• Contact details of people with parental responsibility that are staying in the UK.
• Date of departure

It also helps if you have:

• evidence of your relationship with the child, e.g. a birth or adoption certificate
• a divorce or marriage certificate, if you are a single parent but your family name is different from the child’s

You might be asked for the letter at a UK or foreign border.

You should contact the embassy or consular office of the country you are travelling to for information about the age limit up to which a person is considered a child.

If your ex-partner will not give you permission what can you do?

You will need to apply to the court for permission to take a child out of the country if you haven’t got permission.

A Specific Issue Order allows the court to decide a specific question concerning a child's welfare where those with parental responsibility cannot agree. 

If a Child Arrangements Order says that the child is to live with your ex- partner, they are able to take the child out of the country for 28 days without needing permission.

My ex-partner is planning to take my child out of the country for half term

Over holiday breaks, you may not have any holidays booked; you hope that your break will be a time to spend quality time with family. However, your ex-partner may be venturing abroad and planning to take your child meaning you will not see them for quite some time. You may be concerned about your where your child is going.

If you share parental responsibility for your child you should be consulted and your permission obtained.  

If a Child Arrangements Order says that the child is to live with your partner, they are able to take the child out of the country for 28 days without needing permission.

If your ex-partner is threatening to take your child out of the country in the absence of consent or a court order, what can you do?  

You can apply for a Prohibited Steps Order – the court will then consider what is in the child’s best interests in regards to a welfare checklist. 

A Prohibited Steps Order is an order that restricts the actions a person can take during the course of exercising their parental responsibility  for a child. 

The court will decide any dispute on the basis of what is in the best interests of the child. The child’s wishes will be taken into account depending on their age and understanding. There are more detailed provisions set out in the Welfare Checklist in the Children Act 1989.

Do I have any rights as a grandparent?

As a grandparent you do not have an automatic right to have contact with your grandchildren. However, the courts acknowledge the importance of the role that grandparents play in their lives.

It is hoped than any issues in relation to contact can be resolved amicably by agreement or mediation. Going to the court is a last resort.

As a grandparent you do not have an automatic right to apply for a Child Arrangements Order and will usually require the court’s permission to make such application.

In considering your application for permission to make an application for a Child Arrangements Order the courts will take the following factors into account:

• The nature of the proposed application.
• Your connection with the child.
• The risk of the proposed application disrupting the child's life to such an extent that he/she would be harmed by it.
• Where the child is being looked after by a local authority, the authorities plans for the child and the wishes and feelings of the child's parents.

If the court grants permission, your application for a Child Arrangements Order will be considered.

Can I get Legal Aid for Family Matters?

Legal Aid is still available to assist you with some Family Law issues.

Family matters where Legal Aid is available include:

• Proceedings brought  by  local authorities (social services) for care or supervision orders in relation to children;
• To seek contact with a child in care;
• Social services involvement with your family;
• Injunction orders - non-molestation orders and occupation orders;
• Applications for forced marriage protection orders;
• Child abduction or unlawful removal of a child in your care;
• Family mediation and advice in support of mediation.

If you and/or your children have been victims of, or at risk of, domestic abuse/violence and you need help with child arrangements, divorce/separation or assistance in relation to family finances then legal aid may be available to you.

If social services say the other parent is a risk to the child you may able to get legal aid also.

We hope these answers to a few FAQs have helped you figure out your next steps with regards to your children over any holiday period. At Broudie Jackson Canter, we believe in making a positive difference through the practice of law. We make you and your family our priority from the very moment you pick up the phone.

If you would like the speak to one of our Children law experts, please click here for a call back or message us your enquiry.