FAMILY FESTIVITIES: A DIE-HARD GUIDE TO A SEPARATED CHRISTMAS
Now it's December, holiday planning will be an important topic for separated parents. The lead up to Christmas can be a particularly difficult time for separated parents as they attempt to agree how to fairly share their children over the festive period.
In our latest blog, Sanjay Solanki explores some of the most common festive contact issues, to hopefully help make your Christmas that little less explosive.
Between January and December 2023, the family court dealt with 50,807 cases concerning parental disputes relating to the children. A significant number of these disputes involved parents that could not arrive at satisfactory arrangements for the Christmas period.
There is no question these figures are quite daunting, and the sad reality is that cases often end up in Court due to a breakdown in communication.
Planning a Christmas Escape?
The law concerning taking children away on holiday considers:
- Where the holiday will take place.
- Who the children currently reside with.
- If there is a Court order in place regarding the children's living arrangements.
If my child lives with me, can I take them on Holiday in England or Wales?
The simple answer is “yes”. However, it is always important to consider how the other parent may react if you do not agree your plans with them beforehand. It is a good idea to share travel plans, for example information about when you will be leaving and returning, who will be travelling with you, and where you will be staying. This could potentially avoid conflict going forwards and save you any unpleasant misunderstanding or unwanted aggravation upon your return. Adopting such an approach has benefits as it may help build a stronger, more trusting relationship with the other parent, which will inevitably be in your child's best interests.
On the other hand, if you do not engage with the other parent, this may give rise to upset and anger when the other parent discovers that they will not be sharing Christmas with their child. A parent who feels that they have no say in a situation may feel that they have little choice but to start court proceedings. This may mean, if the plans are discovered early enough, that the court may be able to schedule a hearing before the holiday departure date. Any application carries the risk that any planned holiday may be halted and not go ahead until matters are resolved by agreement, or until the Court decides.
Can I take my child on Holiday abroad without the agreement of the other parent?
The simple answer is, “no”. If you wish to take your child abroad, you will need the permission of everyone with parental responsibility for the child. This is usually the parents but can sometimes be other people such as Special Guardians, or step-parents with PR. If you have a child arrangements order, which includes a “Live with” order in your favour, then you can remove the child from the jurisdiction of England & Wales for up to 1 month without permission.
My child is not living with me, I do not agree with the other parent taking them away on holiday. What can I do?
It is not enough to simply say “no” to the other parent, you need to have a good reason. Here it is important to give consideration as to what is troubling you. For example, do you have any concerns about the child? Is the holiday suitable for the child given their age, understanding and background? Is the child at a significant risk of harm? Do you have concerns the other parent will not return? Will a holiday mean the child misses out on their education? Whatever the concerns are, they need to be valid, child centred and reasonable.
What should I consider before pre-booking a Christmas break?
If you are planning a getaway, it is important to attempt to agree the holiday dates with the other parent before booking. You should also consider if your proposed plans clash with any existing plans of the other parent or whether your holiday will take time away from them time they would ordinarily spend with the children and whether any such time can be made up another time. If there is a cross over, you should be prepared to listen and consider a compromise. It is important not to be unreasonable. Careful planning could save you time, money and your Christmas.
What can I do if I am unable to agree Christmas arrangements with the other parent?
We understand that it is not always possible to be on the same page.
Should you reach a point in your discussions where you are simply at an impasse, then it is important you consider seeking legal advice to understand the options available to you.
I cannot speak to the other parent would it be easier if I just make an application to Court?
Before applying to Court, it is important to recognise that making a Court application should be considered a last resort. The Court will look at whether the parents have attempted to resolve matters using non court dispute resolution such as family mediation.
So, to conclude; to avoid having to tip-toe around your Christmas arrangements like a bare-foot John McClane in a skyscraper filled with glass and terrorists, make sure that you know your rights and attempt to communicate clearly in order to avoid complications. If an agreement really cannot be reached, then a Court application may be necessary, and this is where Family Law Consultants can help.
How can Family Law Consultants can help you?
Sanjay is a specialist family law solicitor.
If you would like to find out more about how Sanjay, or any of our specialist team, could help you please contact us on 0333 9205911 to book a consultation to discuss your needs, or visit our website www.familylawconsultants.co.uk to read more information and complete a callback request.
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Written by Sanjay Solanki
