For separated parents, agreeing the arrangements for the Christmas and school holidays can be one of the more difficult aspects of co-parenting. Questions about where children will spend Christmas Day, how the holidays will be divided and whether they can travel to see family can become particularly sensitive, especially where parents have different expectations or international family connections.

The earlier these issues are addressed, the greater the opportunity to reach a sensible and child-focused agreement.

Planning for the school holidays

There is no one-size-fits-all approach to arrangements for Christmas or the school holidays. The focus is on what is in the child’s best interests, and parents are encouraged to agree the arrangements wherever possible. These should reflect the children’s circumstances, their relationship with each parent and, where appropriate, their wider family relationships.

Some parents divide the holiday equally; others alternate Christmas Day each year or agree that the children will spend Christmas with one parent and New Year with the other. For families with grandparents or other close relatives overseas, longer periods of travel may need to be considered.

Whatever arrangement is agreed, it is sensible to record it clearly in writing, including dates, handover arrangements and any travel plans.

Travelling within England & Wales

A parent will generally be able to take a child on holiday within England and Wales without requiring the other parent's formal consent. However, any proposed trip should be consistent with existing arrangements for the child and should not conflict with the terms of any court order.

Disputes can arise where a holiday overlaps with the other parent’s time with the children or significantly changes the arrangements that have previously been agreed. Good communication about dates, accommodation, travel and arrangements for keeping in touch can help avoid unnecessary conflict.

International travel

Proposals for international travel with the children can involve additional legal and practical considerations.

This can become especially important for families with an international dimension. A parent may wish to take the children overseas for Christmas to spend time with grandparents or other relatives. The other parent may have legitimate concerns about the proposed destination, length of the trip or arrangements for the children’s return.

Ordinarily, the consent of everyone with parental responsibility will be required before a child can be taken abroad. However, different rules may apply where there is a Child Arrangements Order in place specifying that the child specifically ‘lives with’ one parent. In those circumstances a parent can take a child abroad without the other parent’s permission for up to 28 days provided it does not conflict with any order (e.g. any existing child arrangements which may include a specific schedule for Christmas and the school holidays – it does not suddenly ‘override’ these).

As a general rule and best practice, parents should provide reasonable notice of any proposed overseas travel and share relevant information such as flight details, accommodation information and emergency contact details.

Where consent is given, it is prudent to record the agreement in writing, including the destination, dates, travel arrangements and return arrangements.

When parents cannot agree

If discussions have reached an impasse, mediation or solicitor-led negotiation may provide a route towards resolution without court proceedings. Clients should also consider the use of arbitration. This involves a private, binding process that can quickly resolve any disputes concerning the Christmas period. Although voluntary (so both parents need to sign up), an arbitration can be via formal hearing or heard on paper providing speed and flexibility when timing is tight.

If an agreement cannot be reached any other way, the Family Court can make orders concerning arrangements for children, including orders dealing with particular issues or restricting particular steps. The court’s paramount consideration is the welfare of the child. However, timing matters. An application relating to Christmas travel (or the holidays) should not be left until the last moment, particularly where an international trip is involved. It is increasingly rare for the court to treat those applications as ‘urgent’ and often a hearing may be listed long after the holiday has passed.

For separated parents, early advice and discussion can help clarify the legal position, focus discussions on the issues to be resolved and where possible, achieve an arrangement that allows the children to enjoy the Christmas holidays with both sides of their family.

Our family law team can advise on your legal position, assist with negotiations and, where necessary, support you through court proceedings. If you have any questions, contact us on mail@burgessmee.com.

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