It can be difficult to know how to approach child arrangements during the school holidays following a separation or divorce. Being out of the usual term-time routine can bring different needs and challenges. You may be planning to travel, want to accommodate a special occasion or need to balance time with your children around work commitments.
This can be tricky to navigate, especially if you are new to co-parenting.
We’re often asked how to deal with disagreements when one person feels the school holidays are not being divided fairly or if there are issues around specific events or trips.
Every family's situation is unique. Most importantly, you will want to put your child's best interests and wellbeing first. In most cases, we recommend you start by sitting down together to make a clear shared holiday plan that everyone can feel satisfied with.
Our specialist family lawyers are on hand to help if it is proving hard to reach an agreement. We provide practical advice so you can find a way forward that meets yours and your children’s needs.
How to handle school holidays as co-parents
If you already have a Child Arrangements Order in place that sets out details for the school holidays, then those arrangements should be followed.
If there’s no Child Arrangements Order in place, it is up to both parents to come to an agreement. The best arrangements for your children will always be the ones you can decide together. In the first instance, we encourage you to have an open, honest conversation about how you will approach school holidays as co-parents.
If you are able to reach a solution yourselves, our experienced family solicitors can help you put this in writing, this is often referred to as a parenting agreement. While this is not legally binding, a parenting agreement can provide clarity over arrangements, avoid misunderstandings and serve as evidence of your intentions if this is required in the future.
When you can't agree child arrangements for school holidays
It is not always possible to come to an agreement about the best way to divide the school holidays as co-parents. Mediation can be a useful option in this situation, where a neutral third party can help facilitate discussions to help you reach an agreement.
If an agreement is not possible, then you may need to make an application to Court for a Child Arrangements Order that deals specifically with the arrangements for the school holidays. We generally advise that Court proceedings be used as a last resort but there are some situations where the formal Court process is the most suitable option.
If an application is made to Court, then a judge or Magistrates will consider the evidence and make a decision based on the best interests of your child. The Court Order is a legally binding document that you will both need to follow.
Common approaches to co-parenting during school holidays
We have seen many different agreements on how to split the school holidays fairly between both parents.
There is no right or wrong answer. The best solution for you will depend on your circumstances: factors such as where you both live, work schedules and travel plans can all have an impact on your final decisions.
It is important to cover all of the school holidays in your discussions, as well as other ad-hoc days and celebrations.
These include:
- Half term holidays
- Easter holidays
- Summer holidays
- Christmas holidays
- Additional days such as Mother’s Day, Father’s Day, birthdays, religious days, public holidays and non-pupil/inset days
We find parents often agree to split the summer holidays on a week on, week off basis. If one parent wants to organise a longer trip away, it is possible to divide the summer break so the children spend one week with each parent and then a further two weeks with each parent (assuming the summer holidays are six weeks).
We also receive many enquiries every year from parents facing difficulties with arrangements over the festive period. It is important to think about how you will deal with the Christmas holidays in advance, as this gives you plenty of time to come to an agreement or seek advice if necessary.
Practical advice on child arrangements in school holidays
Our family solicitors have helped many parents to navigate issues around school holidays. Communication is key when discussing these arrangements. In particular, we recommend you:
- Confirm the holiday dates for the year
These can vary for individual schools – for example, the start or end dates may be adjusted to include non-pupil/inset days. Make sure you are both in agreement on the dates, such as whether the holidays begin on the last day of term or the following day. - Agree arrangements in advance where possible
This gives you time to discuss any issues and ensures everyone knows what the plans are. - Make sure you have consent to travel abroad
It is illegal to travel abroad with a child without the consent of the other parent or person with parental responsibility. Make sure you have discussed this in plenty of time before your trip.
How Tozers can help
If you are finding it hard to agree on child arrangements for the school holidays, our experienced family team can help.
We advise on mediation and other forms of alternative non-Court dispute resolution. We can guide you through the process of making an application to Court for a Child Arrangements Order, a Prohibited Steps Order (preventing a party from a certain activity relating to a child) and Specific Issues Order (to determine a specific question which has, or may arise) if this proves necessary.
Above all, our specialist family solicitors understand these discussions can be difficult for everyone involved. We take a constructive approach, considering the needs of the whole family so you can find a solution and protect your children from conflict.
Whatever your situation, the first step is to contact us. Our family law solicitors offer a free initial meeting - get in touch with us today using our online enquiry form below or call us at one of our offices.
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