As the summer break approaches, families with separated parents often experience issues when planning childcare arrangements over the school holidays, and they may need to seek clarity on the legal position concerning holidays abroad.
If you want to take your child abroad, you need consent of the other parent if they have parental rights. Married couples and unmarried parents of children born after 6 May 2006 (where the father is named on the birth certificate) have full parental rights and responsibilities - their legal status in relation to their children is the same. Unmarried fathers of children born before the law change in 2006 do not automatically have parental rights and responsibilities but can obtain them, either by agreement with the mother, or by court order.
As with any issue involving children the law is clear that the test to be applied is whether the particular request is in the best interests of the child concerned. Judges prefer not to have to intervene in family life and in fact, the law provides that court orders should only be made where it is shown that the child will be better off with an order in place than no order at all.
Here are some practical points to consider when planning your summer break:
- If your ex-partner has parental rights, seek their consent for the holiday in plenty of time
- Perhaps consider offering some replacement time either before or after you go away if your holiday will reduce the time they have to be able to spend time with their child
- If you are travelling abroad, give your ex-partner information about your travel plans and where you will be staying. Offering to maintain contact while you are away can be helpful and it is useful to provide a telephone number for your accommodation
- If the other parent normally keeps the passport, arrange to collect in plenty of time for the trip and return it at the end of the holiday
- For working parents childcare during the school holidays can be difficult to co-ordinate and arrange. Try to agree division of the school holidays in plenty of time to allow both parents an opportunity to plan work and childcare commitments
- Try to avoid last minute changes to arrangements as this can cause a great deal of inconvenience and anxiety for the other parent
- When discussing plans, keep child focussed. Bear in mind that while you may miss your child if he or she is away with your ex-partner for a holiday, your child is likely to really enjoy the break and get a great deal from it
- Try to work as a team when planning summer childcare
Good communication in plenty of time before the holidays is the best way to avoid holiday headaches when parenting apart.
If you would like to discuss any concerns you may have about this issue, please contact a member of our Family Law team for advice.
