Whilst the school holidays can be an exciting time for families to spend more quality time together, they can also be daunting to parents who have separated. Deciding how the time is to be split can be a tough decision for both parents and who gets to spend time with the kids during the school holidays. Separated parents who can’t reach an agreement often need to turn to the courts to help with their decision.
The issue of contact can sometimes be settled between the parties or solicitors however, in some situations where this is not achievable, mediation is needed. If mediation is unsuccessful, the parties then have the option to make a Child Arrangements Order application to the court for a Judge to decide the arrangements for the child.
There are ways for parents to obtain help to agree arrangements for their children, such as making a Parenting Plan with their ex-partner or using a mediator. They can also get help and information from organisations including Citizens Advice Bureaux.
Before it gets to this stage, we have some useful information for parents who are trying to split the school holidays fairly. The best place to start is by looking at the total amount of school holidays there are over the course of the year:
- Half terms
- Easter
- Summer holidays
We have not included the Christmas holidays in this article as this can come with many more factors to consider.
Equal sharing over half terms:
There are three half terms over the course of the year, not including Easter and the six weeks of holidays in summer. There are a number of options to look at to enable equal sharing over half terms which are outlined below:
Alternating half terms: This would involve one parent having the children for two half terms and the other parent having them for the remaining half term. The following year this would be reversed to allow equal time.
Specific half-terms: Parents can agree at the start that the kids will always spend a specific half-term with one parent and the second with the other parent, with the third half-term being divided equally. This can help parents who have work commitments and need to know in advance when they will have their children.
Equal division of each half term: This is when each parent sees their child every half term for half the holidays. When it is a 14-day holiday period, this can be one week each. When this is a 7-day holiday period, the switchover would take place midway through the week.
Equal sharing over the Easter holidays:
The above arrangements can also be applied for the 14-day Easter holidays, allowing an equal divide by arranging specific weeks with each parent. As this break from school generally tends to be two weeks, the easiest agreement between parents is to have the children for one week each. If these holidays are slightly longer due to bank holidays at the beginning or end, time would be divided up equally and split down the middle.
Equal sharing over the summer holidays:
The summer holiday is the longest break from school and can be agreed in a number of ways that work for both parents and the children. The summer holidays tend to be six weeks long, and parents can divide this up in the following ways:
- Alternative weeks: One parent would have the children for the first week, then they would spend the second week with the other parent, and so on and so forth throughout summer.
- One / two-week split: Dividing the six weeks equally gives parents 3 weeks with their child each. Some parents choose to have one week each and then a period of two weeks each at a time. This tends to be less moving around for the child and easier for the parents to plan activities and time off work accordingly.
Birthdays
Another thing to consider is each parent’s birthday and most importantly each child’s birthday – especially if they fall within half term. Parent’s birthdays can be on arranged accordingly when it comes to splitting the half term, to ensure the child is with the parent when their birthday falls. Complications and disagreements can tend to arise around the child’s birthday – especially if this is during the school holidays.
The best way to plan this is to give consideration to what is in the child’s best interest and when each parent is available to engage in celebration activities. It is usually an understanding that the parent who doesn’t have the most time with the child on their birthday, can spend the nearest weekend celebrating with their child. It is important to factor in some communication for the other parent who may be missing out on the birthday by organising a video or phone call.
What if you agree on contact?
If the parties agree to contract arrangements, then they can ask a solicitor to draft a Consent Order if they want a legally binding agreement.
A Consent Order is a legal document that confirms the agreement and includes details about the children. Both parties will need to sign the document and have it approved by the court which Jackson can help with.
What if parents can’t reach an agreement?
As mentioned above, the courts can help parents reach an agreement through solicitor intervention, mediation and in some cases a Child Arrangement Order is used.
What is a Child Arrangements Order?
A Child Arrangements Order decides:
- where your child lives
- when your child spends time with each parent
- when, and what other types of contact take place (phone calls, for example)
Please note that Child Arrangements Orders replace Residence Orders and Contact Orders. Parents with these orders do not need to re-apply.
Who can apply?
The child’s mother, father or anyone with parental responsibility can apply for a court order.
What is the court’s view in relation to contact?
The court’s primary concern with regard to contact has been, and will always be, in the best interest of the child. When determining contact for a child between any family member including parents, they look to order what they believe is the right decision for the child. The court does have input from Children and Family Court Advisory and Support Service who promote the welfare of children and families, and who often attend court to assist.
At the hearing, a judge or magistrate will try to work out what the parties can agree on and if there are any allegations of safeguarding concerns. The court generally likes to promote contact between the children and both parents if possible, as they see it as important for children to have a bond with both parents. They will always encourage parties to reach an agreement if it is in the child’s best interest.
If you have any queries in relation to this article or would like advice, please contact Solicitor, Emma Canham at ecanham@jacksons-law.com or call Emma on 0191 2069621/ 01642 356500.
