For parents who are separated or divorced, organising, and planning the time that both parents are to spend with the children throughout the school summer holidays can inevitably create unwanted stress and tension.
In an ideal world, these issues would be easily agreed between parents, however, child arrangements can often become contentious and difficult to navigate.
Issues relating to poor communication between parents or a lack of compromise when it comes to allowing flexibility can create unnecessary conflict and emotions can sometimes run high. When faced with obstacles surrounding spending time with your children, it is crucial to handle the situation with patience and resilience.
We are here to provide some top tips and legal guidance to assist you in agreeing arrangements that are in the best interests of your children:
- If the dates that you wish to have the children fall outside of your agreed dates, plan and discuss with the other parent the dates that you propose the children spend time with you and attempt to reach an agreement between yourselves amicably.
- Create a parenting plan that you both agree to, setting out the arrangements for the children, to include arrangements for the school holidays. A parenting plan is a useful document that you can refer to in the future. Making reference to how much time each parent should spend with the children throughout the school holidays will assist and alleviate stress moving forward.
- If you are unable to reach agreement without the assistance of a third party, you could attend mediation with a view to an agreement being reached and reflected in a parenting plan. The Court actively encourages the use of mediation. Mediation is a useful resource for parents to voice their thoughts and/or concerns in a neutral setting with assistance being provided by the mediator to support the parents in reaching an agreement. You will initially attend a Mediation Information and Assessment Meeting (MIAM), where the mediator will determine whether mediation is appropriate in your circumstances and advise whether or not mediation should progress.
- Negotiations can be undertaken through lawyers’ correspondence. Lawyer correspondence can be a useful method as it enables parties to communicate indirectly via a third party for the benefit of the children and can help take the pressure off discussions, allowing time for reflection on any proposals that have been made. Lawyers can also advise on what a fair proposal for child arrangements would look like and are a good negotiation tool in a final attempt to settle a dispute prior to it escalating.
- If you are finding it difficult to communicate with your ex-partner whether that be directly or indirectly, or you simply cannot agree on how much time either of you should spend with the children, you can apply to the court for a Child Arrangements Order using form C100. Making an application to Court should always be the last resort and you must have exhausted all other options available to you. A Child Arrangements Order will specify with whom the children should live and how much time they should spend with either parent. The children’s welfare is considered paramount by the Court when making any decisions that impact them. It is important to bear in mind that Court proceedings can be both costly and lengthy and that once a Court application is made, the matter is taken out of the parties’ hands and a decision is made by a judge should agreement not be reached.
If you are considering taking your children abroad during the school holidays, it is a good idea and good practice to discuss holidays both within the UK and abroad with the other parent well in advance of the holiday. It is important to note that anybody with parental responsibility must consent to the children travelling abroad.
Our family lawyers at Davisons Law are experienced in dealing with relationship breakdown and children arrangements.
Whether you require representation at court or preparation of a child travel consent letter, our family team at Davisons Law are here to assist, whatever your query.
