What is a Fair Holiday Arrangement for Divorced Parents?

According to the latest statistics collected by the Department of Work and Pensions, in the UK, 3.6 million children lived in homes in which the parents had separated. For those children, school holidays are particularly difficult times as they often don’t know with which parent they will spend them, especially in the absence of a formal agreement between their parents. At Eatons Solicitors, this is a problem our family law team often encounters, so we are happy to help divorced parents who are looking to settle for a fair holiday arrangement.

The Child's Interest Comes First

As with all matters relating to family law, any decision must prioritise the child’s best interest. Often, this means sharing the child’s living arrangements so that both parents have the same amount of contact with their children. Whilst this type of child arrangement works well during term-time, complications may arise during school holidays when changes to routine arrangements are likely to occur. To prevent these complications, it is often a good idea to include holiday arrangements in the Child Arrangements Order, however, there is no obligation to do so.

The Implications of a Fair Holiday Childcare Arrangement

A fair holiday arrangement for divorced parents might involve the child spending half the holiday with one parent and half with the other, but this doesn’t always work, and sometimes work commitments can prevent such an agreement to be negotiated. Therefore, in those cases, an even split will not be fair. Even though holiday childcare arrangements should first and foremost consider the child’s welfare, they should also allow the children’s parents to have free time so they can see to work or personal commitments.

Moreover, a good Child Arrangements Order agreement must also take into consideration that circumstances do change; especially as children grow older and don’t want to spend as much time with their parents. In those cases, informal changes can be made to the Order should both parents agree with them. This means that for a childcare agreement to work, both parents must cooperate and agree on what is best for their children.

Can a Fair Holiday Childcare Arrangement Include Holidays Abroad?

Nowadays, it is a quite common for family holidays to take place abroad. But, for divorced parents this often adds a further layer of complications as it isn’t as simple as booking flights and hotels.

If there are no court orders in place, then, neither parent can take the children on holiday overseas without written permission of the other. However, if there is a court order in place, then the parent who has a live with order can take them abroad for up to 28 days without the other parent having to give their permission. It is worth bearing in mind that it is reasonable for the other parent to ask for full details of the holiday, including travel dates, flight details, contact numbers, and where they will be staying during that time, so it is often a good idea to volunteer that information. In any case, it is best the parents come agreement to prevent any misunderstandings or any problems from interrupting your holiday.

Legal Tools for a Fair Childcare Arrangement

A couple with children who are going through a divorce, must make childcare arrangements that are in the child’s best interest. Often, the terms of the childcare agreement are set with a Child Arrangements Order. This court Order regulates where and with whom a child is going to live, spend time or have contact with. However, there is no one-size fits all solution as it must consider the family’s circumstances and consider the child’s best interest.

It is also important to note that if a change in circumstances arises, the parties involved in the Child Arrangements Order can depart from it if they all agree to the changes. However, in those cases the changes are consider informal, and are, therefore, not legally binding. These changes often involve holiday childcare arrangements, especially if one of the parents has work commitments from which they cannot retract.

It is possible to formalise changes to a Child Arrangements Order, so they become legally binding. For this to happen, one of the parents must apply for variation of an existing Order and demonstrate these changes are in the child’s best interest. This might for example include holiday arrangements. However, before taking this step, it might be useful to seek advice from a family law solicitor.

When to Seek Legal Advice

As we have seen, it is possible to informally depart from the terms of a Child Arrangements Order should both parties agree to it. However, it is possible to formalise any changes by applying for a variation to the Order, but these changes must be in the child’s best interest. At Eatons Solicitors, we recommend any holiday arrangements are made as soon as the separation or divorce takes place. It is often for these arrangements to be set when the couple separates to avoid any confusion later down the line. However, it is also reasonable expect a bit of flexibility from both parties so that work and personal commitments can be accounted for.