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With the summer holidays fast approaching, families across Wales and England are starting to plan ahead for their sunny summer holidays filled with fun, excitement and outings, however, trying to navigate co-parenting arrangements with the other parent and how these arrangements will play out.
What should be a time of making memories and happiness with your children swiftly becomes a nightmare for parents which result in last minute emergency applications for Prohibited Steps Orders and Specific Issue Orders for issues such as handing over passports/ passport information, agreeing contact arrangement, jurisdiction issues (abroad holiday arrangements and agreements), refusal to allow the children out of the country and failure to return.
This six week break can cause a lot of upset and substantial challenges for parents and also children looking forward to making memories with both parents. Summer holidays along with all breaks offers extended periods of family bonding time, opportunities for travel and one off memory making experiences with your loved ones that both parents naturally want to share equally with their children, however, when amicable co-parenting breaks down and it seems impossible to reach a solution the children become caught in the middle of the conflict.
From a specialist Family Law Firm dealing with these matters on a regular and continued basis, the key to a successful and relaxing holiday with the arrangements for the children at the back of your mind lies not in the rights of the parents, but keeping a main focus on the children’s best interests and what matters to them most. If matters reach the Court arena the children’s welfare will be the paramount consideration.
Children approaching summer holidays sometimes become quite anxious if they are aware of the co-parenting struggles and conflicts. Whilst parents may focus on having ‘equal’ time and a ‘fair’ time with one another, children become concerned with wanting to feel safe and secure and embrace the temporary change to their routine whilst maintaining important relationships and enjoying new experiences without having that worry of what the other parent may think.
Parents need to give their children advance notice and plans for their summer holidays and arrangements. Last-minute changes or ongoing uncertainty about where they will be and with whom creates ongoing anxiety and stress which will overshadow holiday time. A child’s age, personality and circumstances all influence how your summer holiday will plan out despite having everything organised yourself to meet their needs.
Where there are conflicts and disagreements surrounding timing and duration of holidays, travel and destination disputes, financial disagreements over who pays for holidays and whether child maintenance should be changed to reflect this time, extended family involvement to adhere to grandparents and other immediate family, agreements surrounding activities and routines, we are here to help.
In order to settle these disputes, we can offer a free 20 minute consultation with one of our Family Law specialist Solicitors to assess your eligibility for Legal Aid and Legal Help or offer privately paying rates to discuss the ways forward and provide advice on these types of disputes and navigate the best way forward. This may include making an application for a Prohibited Steps Order to your local Court to prevent the other parent from taking certain actions such as removing the child from the jurisdiction or the possibility of making a Specific Issue Order to resolve certain issues in relation to the children such as holiday arrangements, providing passport information or handing over passports ready for when you plan to leave on your sunny holiday.
It is best to take a child focused approach by considering the below:
Start your holiday discussions early which will provide for meaningful negotiations that are not rushed and can be eventually agreed with good timing rather than last minute badly organised decisions resulting in further confrontation and issues leading to refusals. If age appropriate, your child’s input is very important with what best suits their needs, so it is advised to always keep them on board and take on board their thoughts.
When considering flexibility and arrangements, consider alternating longer periods each year. We often see that parents have a smooth transition during holiday contact by having a week on week off approach during the 6 weeks holiday so both parents have an equal and fair amount of time. This allows for the children to settle between the parents homes allowing for practical arrangements for handovers being flexible. Where one or both parents have work commitments, pre-existing holiday bookings and children’s activities can become overwhelming. A parent who works in education may have different availability to one who does not, these practical realities should be considered during planning with plenty of notice and should not be ignored because it is in your best interest to do so. It is not about the quantity of time, it is all about quality of time.
Make clear communication points with your co-parent and how you plan on keeping in touch with your children during their holiday. It is important to share itineraries and contact information for your accommodation. This reduces anxiety for the non-travelling parent.
Avoid adding holiday expenses to child maintenance arrangements unless there are exceptional circumstances. Each parent should fund their own holiday time and activities with their children alone preventing financial disputes for enjoyment.
Where parents have new partners it is appropriate to discuss how this relationship fits in with the children’s holiday arrangements. Their involvement should be planned sensitively to avoid creating conflict which is unnecessary and can be avoided.
If you have covered these options and don’t seem to be making progress, you could endeavor on the following options:
Consider engaging with a family mediator to keep legal costs to a minimum which will save more money to spend on the more important things such as time with your children.
For co-parents who need legal support but are amicable, to avoid court proceedings collaborative lawyers are specifically trained to commit to reaching an agreement without the need for litigation.
Like Mediation, where parents agree some or most issues arising for contact arrangements, arbitration provides for a faster resolution than court proceedings which overall becomes binding and is conducted by Solicitors themselves.
Where matters are not likely to be resolved you should obtain your own independent legal advice from a family law specialist to consider your options moving forward.
If you require further help or assistance arising from this information please do not hesitate to contact us on 01633 867000 our online form, or pop into our offices in Cwmbran town centre for a chat with one of our members of staff from our Family Department.