As the sun comes out and temperatures rise, thoughts turn to the start of the school holidays and for separated parents, in addition to the stress of juggling work and those long 6 weeks off school, planning how your children will spend time with both parents over the holidays can add to the stress levels.
The Law
In Scotland, if you want to take a child outside of the UK, whether on a permanent basis or for a holiday, then consent is needed from anyone else holding parental rights and responsibilities (PRRs). For children born after 6 May 2006, both parents hold PRRs if the parents are married or where the parents are unmarried if both mum and dad are named on the birth certificate. For a parent who does not automatically hold PRRs these can be acquired either by entering into an agreement with the other parent or by court order.
Where parents are unable to agree with something in relation to the care of their child then the court may make orders such as regulating where the child lives or how often the child sees the parent the child does not usually live with. A dispute about whether a parent can take the child abroad on holiday can also be regulated by what is called a specific issue order.
In any matter concerning care of a child that has to be decided by the court, the test the court applies is whether what it is being asked to do is in the best interests of the child or not. The views of the child will be taken into account in making the decision. The court prefers that parents sort these issues out themselves and court orders are only made where it is better to have an order in place from the point of view of the child.
How should I deal with my summer plans?
Here are some tips to hopefully make life a bit easier:
Plan ahead and discuss before committing
A good rule of thumb is to try to treat the other parent the way you would like to be treated. While you don’t need permission to make your own holiday plans, bear in mind that you do need consent to take your child abroad with you.
Try to have discussions about the dates you would like to go away before you book anything. If you are tied to fixed holidays but the other parent has more freedom to choose dates, try to open up those discussions early and get agreement on dates. Don’t assume that because you have set dates that the other parent will just fall in with your plans.
Share Travel Itinerary
Be open about where you think you would like to go and be prepared to share travel booking information and details about where you will be staying.
Locate the child’s passport and agree where it is kept
Try to be clear about where you will keep your child’s passport and make sure you have agreed making it available to allow travel with both parents. If passport details are needed for online check-in, consider making a copy of the information so both parents can deal with holiday admin at their convenience.
Make sure you have agreed plans before you tell the child
It is best to reach agreement about a trip before sharing the news. There may be good reasons why a particular trip is not able to happen. Make sure everything is all agreed before telling the child to avoid disappointment if plans have to change.
Try to be flexible
One size does not fit all. Remember that the summer holidays are at least 6 weeks long. You can agree to split time in any way that works for your family. Sometimes taking turns to have the first half of the holidays can be a fair way of sharing the pain of inflated holiday prices during school holidays as prices are often still lower at the start of the Scottish school holidays. For some families it might work best to take two blocks each of two weeks then split the rest of the time. Depending on the ages of the children it may be better to look at week about or even shorter blocks of time with each parent. You can also agree blocks of holiday time but otherwise stick to your term time arrangements if that makes things easier with holiday clubs/childcare.
Mediation
Ideally parents will be able to discuss/agree arrangements. If you find this a bit more challenging, then mediation can be a good way to sort out plans and more generally improve communication which will make co-parenting easier.
Think about the child’s needs
Depending on the child’s age, he or she may prefer to stay in touch with the other parent while on holiday. Think about how that can work. For younger children, longer periods away from the primary carer may not work all that well. In some cases, increasing duration of trips over time can work better from the child’s viewpoint.
At Thorntons, we have a dedicated and experienced Family Law team who can advise on all matters relating to childcare. For more information, please call 03330 430150.
