When separated parents disagree over holiday plans

In recent weeks I have been asked many times to advise on the ‘rights and wrongs’ of one parent’s plan to take their child away on holiday.

But even in this COVID-19 climate, these are rarely right and wrong scenarios. Where a parent has booked a week’s holiday with their child then, as long as that is within the scope of the contact arrangement that is in place, the only question should be: would the holiday be in the child’s best interests?

Separated parents sometimes have opposing views when it comes to their child’s welfare. Some clients are asking how they can stop their former partner taking their child away.

If the holiday is in the UK, there may be little that could be done to prevent it from going ahead (assuming the plans are all lawful and in line with the contact arrangements). However, there is greater scope to object to a foreign holiday. That is because, as long as there is no Child Arrangements Order or other relevant court order in place, everyone with parental responsibility for a child must agree to him or her being taken out of the country.

As with any issue between separated parents, the ideal scenario is for it to be talked through and for compromise to be reached.

My top three tips:

1.     Get in there early. Whether you are the one proposing the holiday or the one objecting to it, be open and upfront with your former partner. And do this in plenty of time to ask for the court’s help if need be.

2.     Manage the dynamic; you will know how your former partner is likely to behave and respond. Try to handle the conversations in as constructive a way as possible.

3.     Don’t take too legalistic an approach. Even if you know you’re on firm legal ground, see if there is a way of getting an outcome that everyone is happy with.

For any advice about issues with your former partner, or specifically to do with holidays, please get in touch.

[email protected]

01892 337 542

https://www.tmfamilylaw.co.uk/