Examining how separated parents can navigate the Easter Holiday period
The Easter break can be a joyful time filled with Easter egg hunts, hot-cross buns and cherished family traditions – but for separated parents, disagreements can arise and an additional element of planning and compromise is often required.
Balancing routines and emotions during the Easter holidays can be challenging, but establishing a clear, child-focused plan can help to ease these tensions and provide stability for everyone involved.
How can collaborative communication ease tensions during the Easter period?
Effective planning, communication and a child-centric approach is fundamental – it can be helpful for parties to make written agreements early on, to minimise stress and offer much-needed structure to the children’s lives.
Each family will have different arrangements depending on their own family structure and what will work best for them. However, some typical holiday arrangements for families with separated parents may include the following: –
- One parent taking the first week of the holidays and the other parent taking the second, or
- Alternating the entire holiday period each year; or
- Simply continuing with term-time arrangements.
Legal considerations to be made when travelling overseas with children over the Easter break
Parental responsibility refers to the legal rights and responsibilities that parents have in relation to key decisions regarding their child. It is vital that if a parent would like to take their children abroad, they obtain permission from the other parent who has parental responsibility. This consent should be recorded in writing, and the travelling parent should provide details to the non-travelling parent about the trip, for example flight information, an itinerary and contact details. The letter of consent should be signed by the non-travelling parent and should be carried by the travelling parent so that they have it to hand in case the passport authorities wish to see it. This can often be requested where children have a different surname to their travelling parent.
If a parent has a Child Arrangements Order that confirms the child lives with them (sometimes referred to as a “lives with” order), typically that parent would be allowed to travel abroad with the child for up to 28 days without consent from the other parent, as long as there is not a court order in place restricting this. Nevertheless, it is still best practice to share details about the trip with the other party to keep them informed and promote a collaborative co-parenting relationship, particularly if such a trip would interrupt with the usual contact arrangements. It is worth noting that travel with the child for longer than 28 days, or a permanent move abroad would require court approval or consent from the other party.
If there is no Child Arrangements Order in place and one parent refuses to provide their consent to travel, an application to the court could be made for permission to do so by way of a Specific Issue Order.
A parent can also apply to court for a Prohibited Steps Order if they are concerned that the other parent will attempt to travel abroad with the child without their consent, to prevent them from doing so. Generally speaking, there would need to be a good reason to prevent the child from travelling overseas for a holiday, because it would typically be considered to be within their best interests to go.
It is worth noting that a parent may travel within the UK without the written consent of the other parent, however it would be considered common courtesy and best practice to inform the other parent about the details of the trip.
Navigating child arrangements during the Easter holidays can at times be difficult, but with early communication, patience and negotiation, it is possible for co-parents to reach a mutual agreement that works for everyone involved.
If you have any queries regarding child arrangements or any other aspects of family law, please contact a member of our Family & Matrimonial team.
