Child Contact Arrangements during the school holidays

School holidays are fast approaching and although this is a time of excitement for many families, it can also bring practical challenges for separated or divorced parents when considering child contact plans. Many arrangements do not account for a change in circumstance; and balancing work schedules and children’s schedules alongside the need for quality time with both parents can be difficult.

In addition to this, child care is expensive and difficult to acquire and therefore contact arrangements during the school holidays will require flexibility and compromise. Above all else, a child-centered approach is encouraged.

If you or your ex-partner are experiencing difficulties in sorting out child arrangements during the school holidays this blog will explore what options are available to you.

Is there a Child Arrangements Order already in place?

The first question to ask is whether there is a Child Arrangements Order already in place. This is an Order made by the Court setting out where a child should live and with whom they should spend time. It is common for Child Arrangements Orders to incorporate specific arrangements for during the school holidays if these are to differ from the usual term time arrangements.

If a Child Arrangement Order is in place you will be expected to abide by the terms of the Order. If you don’t, you will find yourself in breach of the Order and the other parent could seek to enforce the same against you.

If you do have an existing Child Arrangement Order but no longer believe the arrangements are the best for your child, whether this is due to a change in school, a change in work schedules or that your children have simply grown older and have different wishes and feelings it may be that this Order requires modification.

The steps to modify a Child Arrangement Order, mirror those where there is no Child Arrangement Order in the first place.

1. Directly between the parents

Parents are always encouraged, where appropriate, to communicate with one another to try and reach an agreement on what the arrangements for a child should be/ any modification to the arrangements.

2. Mediation or Negotiation

If you are unable to reach an agreement on the arrangements for your child, you may need to consider making an application to Court but this should be a matter of last resort.

Prior to any application to Court, the Court will want to see that attempts to reach an agreementhave been made. Reaching an agreement outside of Court can be done either via mediation or negotiation through solicitors.

New government reforms mean that mediation is now a pre-requisite prior to lodging any application to the Court – save for cases in which there has been domestic abuse, so it is always beneficial to attend mediation first. The mediator’s role is to listen to each parties concerns and go between them to try and find a common ground/resolution.

If mediation is not proving successful or your ex-partner is refusing to attend, you may wish to instruct a solicitor to negotiate and correspond with your ex-partner on your behalf. Solicitors specialising in family law, such as Pepperells, can provide a comprehensive understanding of the legal rights and obligations of both parents.

If an agreement is reached

If an agreement is reached, by whatever means, it is always a good idea to get this agreement drafted into an agreed court Order. By formalising the agreement into a court Order, the arrangements will become legally enforceable which is beneficial to avoid future misunderstandings or disagreements.

If an agreement cannot be reached

If you and your ex-partner cannot agree on child arrangements during school holidays, and you have exhausted the above options, it may be that an application to court is required. The onus for the application lies with the parent who is not happy with the current arrangements.

It is always advisable to seek legal advice from a qualified family Solicitor prior to lodging any court order.

It is also important for both parents to be mindful that court proceedings can be expensive and time consuming, with proceedings often taking up to 6 months.

We understand that separated parents may experience similar issues to the above when trying to arrange a family holiday abroad. If you would like to know more about your rights as a parent to take your child on holiday then please follow the link below.

https://www.pepperells.com/pepptalk/thinking-of-taking-your-child-on-holiday-abroad-in-the-school-holidays/.

If you require any further advise, please do not hesitate to contact Pepperells Solicitors n 01724 871 999.