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Separation can see parents unsure of how to deal with child arrangements during school holidays. It can be really emotive for parents to agree who has the children for the big holiday dates. With Halloween and half term approaching, we are receiving more enquiries each year from parents about how to deal with sharing the time with their children during this period. With Christmas also drawing closer, this time of the year can see more separated parents struggling to decided who spends time with their children and when.
How can you ease the disagreements and put your child’s best interests first? It is always hoped that parents can come to some sort of agreement. However, if this is not possible, the parent could issue court proceedings and allow the court to decide. Courtney Sutton, Paralegal in Coodes’ Family team, explains.
Where separation of the parents occurs, the court can address child arrangements during holidays by doing two things. Firstly, they will consider the welfare of the child, secondly, they look to ensure that holidays are shared fairly between the parents.
The court can make provisions for holidays in child arrangements orders (CAOs). This will set out who the child will spend time with and when.
The court has the authority to enforce these arrangements and ensure they are followed. If a parent fails to follow the agreed arrangements, the court can take enforcement actions. This could be done by making variations to the initial order or even considering the parent in contempt of court.
Some parents may wish to take their child abroad during the holidays. When parents have gone through separation, both parents with Parental Responsibility must give consent to the child being taken outside of the United Kingdom.
It is a criminal offence, punishable by imprisonment under the Child Abduction Act 1984, to remove a child without the required consent. However, there are defences available. For example, if the person removing the child believed that the other person had consented, the parent would have consented if they were aware of all the relevant circumstances, or if the parents unreasonably refused to consent.
The defence of unreasonable refusal does not apply if the person refusing consent is named in a CAO as a person with whom the child is to live, is a special guardian, or if the removal breaches a court order.
There are many options for parents to consider when it comes to the school holidays. Separation doesn’t have to mean that you can’t spend this time with your children in an amicable way.
In instances where the holidays are two weeks, such as the Easter Holidays, Parent A and Parent B could spend a week each with their child. For Easter Sunday itself, parents may decide to split the day in half. This way, the child may spend time with both of their parents.
This could be the same case for Christmas. Parent A could have the child on Boxing Day, while Parent B has the child on Christmas Day. This arrangement could then be swapped for the following year, with Parent A having Christmas Day, and Parent B with Boxing Day.
February and October half term can be difficult to decide. That week may be best split so that Parent A has the child from Monday midday to Thursday morning. Parent B has the child Thursday morning until Monday midday.
Summer holidays can also be challenging when dealing with separation. However, it may work best on alternative weeks, with both parents swapping each week.
However, the ultimate decision will depend on the child’s age and their wishes for who they would like to spend time with and when. This should always be taken into account when the parents are deciding what they think is best for their child.
Coodes’ Family team understands that families and relationships can be complex and emotionally charged. Determining how to resolve certain situations can be complicated when emotions are running high. Our Family team has a reputation for delivering sound advice and practical solutions with sympathy and compassion.
For more information, please contact Courtney Sutton by emailing courtney.sutton@coodes.co.uk or by calling 01872 246248. Alternatively, you can fill in our online contact form.
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