Divorced and separated parents are being given advice to navigate the summer holidays without conflict, including getting familiar with their legal rights and steps to take with an ex-partner before travelling abroad.
Family law expert Sian Kenkre, a partner within the Family department at Worcestershire law firm mfg Solicitors, has said childcare planning during school holidays raised fresh challenges for former couples and has urged people to take legal guidance if they are concerned.
Ms Kenkre said; “One of the most common concerns for separated parents is taking their children abroad. As simple as it sounds, good planning and clear communication is key. Setting dates and going through the calendar well ahead of time can prevent any last-minute disagreements.
“Many parents share the school holidays equally between them and there is no “one size fits all” approach that the Family Court would expect to see in place. There will be many factors to consider which effect each family individually depending on working patterns and flexibility.”
Ms Kenkre said a key factor in determining whether an ex-partner’s permission was required for a child to travel was whether they have legal Parental Responsibility.
Parental Responsibility is the right to make decisions about a child’s upbringing,
including education, medical treatment and travel. Under UK law, mothers automatically hold Parental Responsibility but fathers do not unless they meet certain criteria, such as there being a Child Arrangement Order (CAO) in place, specifying that the child lives with him.
Ms Kenkre added: “If you have a CAO you can take the children abroad for up to 28 days without consent, but it is still good practice to communicate with an ex-partner regarding an intended holiday, providing basic information such as departure and return dates, flight numbers, accommodation details and a contact number for the duration of the trip.
“If both parents intend to travel in close proximity be sure to make clear arrangements for the handover of your children’s passports and try to agree the logistics for who will look after the passports following your holiday.”
She also urged parents to check travel consent requirements of the country of travel well in advance to avoid any stress at the airport, and to prepare letters of consent for children travelling with one parent or other family members such as grandparents.
She added: “This summer Family Courts will be inundated with last-minute applications in relation to holidays and it is extremely unlikely that the Court would be able to offer hearings in time for summer holidays, even if made on an urgent basis.
“The Court will expect parents to have taken all reasonable steps to reach agreement without its involvement. Take advice from a solicitor if you have concerns and they will be able to guide you and deal with matters in a calm and constructive way.”
For further information readers can email Sian through [email protected]