The summer months always bring with them an increase in concerned parents seeking legal advice about the arrangements that they have for their children with their ex-partners. Sometimes plans fall through, other times co-parents fail to follow through with their commitments. While this is stressful, you do have options and we can help.
Whenever child arrangements applications are put before the Court, lawyers will always try to incorporate detailed arrangements for the school holidays, particularly the lengthy summer break. However, if you haven’t ever had to obtain a child arrangement order, you can be at a loss as to what is the right and reasonable thing to do when suddenly approached to agree to a last minute holiday, or your ex-partner is unable to care for the children due to their own work commitments. So, what is the best way forward?
Plan ahead to avoid disappointment
Firstly, we always encourage clients to try to agree any holidays well in advance, as far in advance as is possible. At the moment, holidays are very limited and you may well be considering a staycation. This, however, shouldn’t stop you from making arrangements in good time so that any potential holidays, especially for the children, aren’t marred by arguments and disappointment.
It is a good idea that at the beginning of the year, when that summer holiday still seems a long way off, to agree with your co-parent as to what weeks you will both have the children during the holidays. You should both then only look to arrange holidays during your allocated weeks. Of course, it may not always be the case that those weeks can be strictly adhered to; in the case of foreign holidays flight times can mean that the exact days may need to be tailored slightly but in those cases, both parents should attempt to be reasonable; it can only be in a child’s best interests to enjoy a holiday with their mum or dad.
Sometimes, you may decide to take a holiday at short notice – this is especially the case this past year as holiday plans can be cancelled at the very last minute. Again, if the only holiday you can take falls within the time that the children are in the care of your ex-partner, seek to reach an agreement whereby your ex-partner then has the children in their care for the same period, or the same courtesy is extended.
Be reasonable with childcare arrangements
Regarding short-notice childcare, we would advise clients to ask whether your co-parent is able to care for the child, despite the child supposedly being in your care. If this is not possible, then it is your responsibility to arrange adequate childcare, be that holiday clubs or trusted relatives. Both parents should respect that the other parent needs to work and, if they were still a couple, would still have to arrange and negotiate childcare; this doesn’t change just because you have separated.
Sometimes, it isn’t possible to be amicable and reach agreement. In those scenarios, we would always suggest mediation at the earliest opportunity to resolve any issues with minimum disruptions to the children. We are able to make referrals on your behalf to mediation and the mediator will hopefully be able to help you reach an agreement that works for everyone. In the event that mediation fails, you are able to apply to the Courts for a Specific Issues Order, allowing for the child to go on a holiday, if the other parent disagrees.
Ultimately, our advice to parents in a co-parent setup is to try to work together as much as possible so that the already hot and tiring summer doesn’t become even more fractious with disagreements over what should be exciting arrangements for the children. After the past 2 years, I think we all agree that we ALL need a holiday!
If this isn’t possible and you require help or mediation, our experts are more than happy to help. Make an enquiry today or give us a call on 0151 282 1700 and our friendly Family Law team will be on hand to advise and assist.