Co-parenting, after the breakdown of a relationship, can be difficult, even at the best of times. With the school summer holidays drawing ever nearer, it seems like an appropriate time to consider sharing your child’s time with your co-parent, throughout the summer holidays and in respect of foreign holidays.
When considering how your child’s time should be split, it is important to remember that there is no one-size-fits-all, and that your child’s welfare should be at the forefront of all decisions made, in regards to their care.
Often, if you have been through Children Act proceedings, the Court will have already dealt with how the summer holidays should be split, as part of a Child Arrangements Order. If it is clearly stipulated in the Order, how your child’s time should be split, then this will hopefully prevent any disagreements when the summer holidays come around.
If there is not a Child Arrangements Order in place, then there is scope for arrangements to be agreed between the parents. If arrangements cannot be agreed between the parents, as to what is in the child’s best interests, then it might be that mediation could be useful in helping parents come to an agreement. Mediation is facilitated by an independent third party whose professional role is to assist parents in reaching an agreement, in respect of arrangements for their children.
If parents have a Child Arrangements Order in place already, and it is stated that the child ‘lives with’ you, then you are permitted to take them out of the jurisdiction of England and Wales for 28 days, without the need for consent from your co-parent. However, this is on the condition that by doing so, you would not be interfering with your co-parent’s time with your child, as stipulated in the Child Arrangements Order. This is also only if the Order is silent in relation to providing the other parent with consent to go abroad, as often, orders refer to one parent obtaining the other parent’s permission before travelling. Breaching a Court Order can have serious consequences; including, warnings, fines and being held in contempt of Court. Where both you and your co-parent have parental responsibility and there is not a Child Arrangements Order in place, consent from your co-parent is required before taking the child out of the jurisdiction of England and Wales.
In circumstances where mediation is not suitable, or parents cannot reach an agreement in relation to how the child’s time should be spent, then it may be that going to Court for a Child Arrangement Order, as a last resort, is the only option for a resolution.
In regards to taking your child on holiday, where it cannot be agreed between parents, or agreed in mediation, it may be necessary to apply to the Court, specifically, for a ‘Specific Issue Order.’ A ‘Specific Issue Order’ is a court order that will address a specific disagreement in relation to a child’s upbringing, such as what school a child should go to, medical treatment, religion and foreign holidays. A ‘Specific Issue Order’ falls under section 8 of the Children Act 1989 and the courts will prioritise the child’s welfare, by using the ‘welfare checklist’ when considering an application. If you do not get consent from your co-parent, or do not get permission from the Court to take your child abroad, then you risk facing the criminal charges of abduction.
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Author: Emily Burnett
Published: 22.05.25