Elizabeth Owen, in our Family Law team, provides guidance for separated parents planning for the summer holiday season.
Family holidays can be a highlight of the year, but for separated parents they often require far more planning and clear communication upfront. This guidance aims to help parents prepare for a smooth and child‑focused break.
Communicate and Plan Early
Start discussions well in advance
Early communication is essential and gives both parents time to consider the available options and make suitable arrangements for the holiday. Since the introduction of the Family Procedure (Amendment No. 2) Rules 2023 courts have increasingly emphasised early, cooperative planning and the use of non‑court dispute resolution (NCDR). Parents are therefore expected to demonstrate genuine attempts to resolve issues collaboratively before applying to court.
Be specific and child‑focused
When planning, it’s helpful to talk through the details like dates, travel itinerary, accommodation, activities and how handovers will work. Courts continue to prioritise the child’s welfare and routine, and parents are encouraged to involve children in planning where appropriate.
Put agreements in writing
A written record like an email, message or use of a shared parenting app can help to avoid misunderstandings. Digital co‑parenting tools have become more widely used and are increasingly recognised by courts as helpful evidence of communication.
Review Your Court Order or Parenting Plan
If you have a Child Arrangements Order or Parenting Plan, it is important to review any clauses relating to holidays, travel, notice periods or communication to ensure that you are acting accordingly.
If you are travelling internationally
A parent with parental responsibility must give written consent for a child to travel abroad unless the travelling parent has a Live With Order, which allows travel abroad for up to 28 days without further consent. Some countries now require additional documentation (for example, notarised consent letters or proof of parental responsibility), so parents should check destination‑specific requirements well in advance.
Passports
It is important to be aware of delays in passport processing. Parents should ensure that they check passport validity well before the trip and make sure they know who is holding the child’s passport so that there are no surprises on travel day.
Financial Considerations
As part of the planning process, parents should discuss the budget for the holiday and how costs will be shared. Any agreements should be made cooperatively and it is also recommended to agree on how any unexpected, emergency or additional costs will be handled.
Communication During the Holiday
Reasonable contact expectations
During the holiday itself, it’s important (and also an expectation of the Court) to support your child’s relationship with their other parent. It is therefore recommended to agree a realistic contact schedule (for example, for any video calls, messages or photo sharing) bearing in mind time zones and holiday activities.
Avoid undermining each other
This remains a key principle in co‑parenting. Courts increasingly take a dim view of behaviour that disrupts the child’s relationship with the other parent, particularly in light of the ongoing focus on reducing parental conflict. Both parents should aim to avoid undermining the other parent’s parenting or plans during the holiday.
Emergency information
Be sure to share itineraries, contact details and insurance information with the other parent in case of emergency.
Dealing With Challenges
Disagreements
If issues arise, try to resolve them calmly and away from the children. If direct conversations are difficult, you could consider using a digital co‑parenting platform that will help keep communications neutral and clear.
Mediation and NCDR
Since April 2024, the government has continued to expand support for mediation and other forms of NCDR. The court now has stronger powers to:
- Direct parents to attend NCDR where appropriate; and
- Scrutinise whether parents have genuinely attempted out‑of‑court resolution before issuing proceedings.
This means that if holiday arrangements break down, parents may be expected to attempt mediation before applying to court unless there are safeguarding concerns.
Court intervention
If agreement is impossible and the issue affects the child’s welfare or your ability to travel, legal advice may be needed. Courts remain available for urgent applications (for example, where a parent refuses necessary travel consent shortly before a trip), but judges increasingly expect evidence of early planning and reasonable communication.
Focus on the Positives
Holidays offer an opportunity to create happy memories for your child. Even when co‑parenting is challenging, small acts of cooperation such as accommodating a travel request or being flexible with dates can make a significant difference to your child’s experience. With a little extra planning and goodwill, separated parents can make family holidays enjoyable for everyone.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
