Navigating Parental Disputes Over School Holiday Arrangements

Where two parents are separated, disagreement can arise in regard to their child’s living arrangements throughout the school holidays and often revolve around conflicting holiday plans, travel arrangements, and concerns about childcare during breaks.? These issues can escalate quickly, leading to heightened stress and strained relationships between the parents and for the children involved.

If, after exhausting all dispute resolution avenues, agreement cannot be reached, an application to the court for a Child Arrangements Order (CAO) may be required.? CAOs offer a structured approach to resolving such conflicts, providing clarity and stability in determining where children will spend their holidays both short and long term.

Understanding Child Arrangement Orders

Obtaining a CAO for school holiday arrangements involves considering various legal factors, the priority being the children’s welfare and the ability of parents to cooperate. ?While some parents may be able to reach agreements through negotiation or mediation, others may require court intervention to formalise arrangements. ?

CAOs are legally binding court orders that outline where children will live and how much time they will spend with each parent or those with parental responsibility.? They come in various forms, including specific issue orders (addressing particular matters like schooling or healthcare) and prohibited steps orders (restricting certain actions by one or both parents).

CAOs can provide a clear framework for parents to follow.? These orders can specify holiday schedules, allocate holiday time between parents, and establish communication protocols.? By outlining expectations and responsibilities, CAOs can help reduce conflict and promote cooperative co-parenting.

Benefit for the Children

CAOs are granted in the child’s best interest and as described above, their welfare is at the forefront.? CAOs aim to promote stability and consistency for the children, ensuring they have a predictable routine during breaks.? A COA leaves no room for debate, these orders are legally enforceable and compel the parties to adhere, minimising disagreement and the emotional stress often experienced by the children more than anyone else.

The Process

Obtaining a Child Arrangement Order (CAO) involves several steps and requirements.

Below is a break down on the usual steps required in obtaining a CAO:

1. Legal Advice: Before proceeding, it's advisable for the parents to seek separate legal advice from a family law solicitor to provide guidance on the relevant laws and procedures, helping parents understand their rights, duties and responsibilities.
2. Mediation information & assessment meeting (MIAM): The applicant (i.e. the parent wishing to apply for a CAO) is required to invite the respondent to mediation to reach an agreement outside of court.? Mediation involves a neutral third-party facilitating discussions between parents, with the goal of finding mutually acceptable solutions.? There are of course exceptions where a MIAM may not be appropriate, such as in cases where there has been domestic abuse, or an urgent application for a CAO is required and to delay an application to allow mediation to be attempted would not be in the child’s best interests.
3. Court Application: If mediation is unsuccessful or not appropriate, one or both parents may choose to apply to the court for a CAO.? The application typically involves submitting a C100 form which entails all relevant details of the matter.
4. Child's Welfare: Throughout the court process, the welfare of the child is paramount. The court will consider various factors, including the child's wishes and feelings (depending on their age and maturity), their relationship with each parent, and any risks or concerns that may impact their well-being. ?A designated Court Welfare officer of the Children and Family Court Advisory and Support Service (CAFCASS) will be responsible for safeguarding the interests of children involved in court proceedings.?
5. Court Decision: After reviewing the evidence and considering the child's welfare, the court will form a view regarding the CAO. ?Preferably the CAO will be made at the first hearing dispute resolution appointment (FHDRA) if the parents are in agreement, but should there be no agreement, the matter will be decided at a final hearing on a later date.? Sometimes the court may require a more detailed report from CAFCASS and in those circumstances, the court will timetable the report to be completed and then the parents attended a second hearing called a Dispute Resolution Appointment with the aim of seeking to reach agreement having considered the recommendations of the CAFCASS report.? If still no agreement is reached, then the matter will be again be listed for a final hearing.
6. Enforcement and Review: Once a CAO is in place, both parents are legally bound to comply with its terms. ?If either parent fails to adhere to the order, enforcement measures may be taken. ?Additionally, CAOs can be reviewed or amended in the future if circumstances change or if there are concerns about the child's welfare.

The family law team at Leeds Day benefits from a range of established and experienced solicitors, who can offer comprehensive legal support to those seeking assistance in regard to their child’s living arrangements.?

Legal advice can help parents navigate this process and ensure that the resulting CAO reflects the best interests of the child.? CAOs are invaluable tools for resolving school holiday disputes and promoting the well-being of children.? Each CAO is decided upon the facts and is at the discretion of the Court, it is therefore essential you seek legal assistance to ensure yours and your child’s interest are adequately represented.

If you would like to speak to us about your situation please contact our family team by calling 0333 577 2250 or emailing [email protected].