Child Arrangement Order disputes during the holidays

So, you’ve decided to take a holiday. Have you booked the time off work? Have you arranged cover? Have you made arrangements to look after any family pets? How about your post and deliveries? Honestly, you’ve got so much to do before you can get away that, by the time you’re ready to depart, you really need that holiday. It’s even worse for divorced parents with a Child Arrangement Order in place. If they are proposing to take their children away with them on holiday, then they cannot do this unilaterally.

What is a Child Arrangement Order?

A Child Arrangement Order is a form of court order which sets out the arrangements for a child or children of a family and are customarily made as ancillary to divorce proceedings. Normally, it is one or both parents that apply for the Order but it is not confined only to the biological parents of the child. Grandparents who wish to have access to grandchildren can also apply for Child Arrangement Orders.

In making a Child Arrangement Order, the court will consider several issues such as the child’s own wishes, if the child is old enough to express opinions, the child’s emotional, physical and educational needs, the parent’s capacity to provide for the child and whether there has been any history of neglect or abuse. The most important principle to be considered is what is in the child’s best interests.

The Child Arrangement Order sets out formally who has responsibility for the care of a child, including who they live with and how often they will see/ have contact with both parents. They are most commonly used in cases where the parents are unable to come to an agreement on how to share the care of their children

Once made, a Child Arrangement Order is legally binding, and the court has a number of different sanctions that it can impose upon a party for a Child Arrangement Order, up to and including a custodial sentence for contempt of court.

School holidays and Child Arrangement Orders

A common flashpoint for disputes occurs around the school holidays when one parent wants to take the child on holiday. The flashpoint may burn brighter if it involves leaving the country. Separated parents often have wildly divergent views about what’s in the best interests of a child.

During term time, most parents will tend to abide by the terms of any Child Arrangement Order. However, it’s the periods outside of term time that often lead to disputes. For example, it may be that the resident parent wants to take a child on holiday for two weeks over the Easter break, meaning the other parent would not see their child(ren) during Easter.

Another Child Arrangement Order example of a potential flashpoint is when a resident parent requires a non-resident parent to have the children more often than a Child Arrangement Order provides, say, in the summer holidays, which can last more than six weeks.

Resolving disputes

In all cases where parties are in dispute, regardless of the cause or nature of that dispute, the courts now require the parties to try to reach a resolution by means of negotiation or mediation before invoking the authority of the court. Child Arrangements are no exception to this. So, if a disagreement arises between the parents about holiday arrangements, the first thing to do is to make earnest efforts to resolve them by negotiation.

All divorced parents should keep in mind that these disputes can be very upsetting for the children, and, the longer they drag on, the more damaging and unsettling they will prove to be for the child. If an agreement can be reached, then that agreement must still be approved by the Court. This amendment is a simple procedure where the parties agree which helps to keep the Child Arrangement Order costs at an affordable level.

If it does prove absolutely impossible to reach some sort of consensus, then either parent can file an application with the court for an order to vary the Child Arrangement Order. The court will only vary the order to reflect what the court feels is in the best interests of the child, not either of the parents. This will often involve an investigation being conducted by the Child and Family Court Advisory Service. Clearly, this is an expensive and stressful process, so best avoided by a willingness to be flexible and seek compromise.

Should solicitors be involved?

In short, yes. Even if the parties are entirely amicable and agreed upon the holiday proposals, they still need to be reflected in an amended Child Arrangement Order and a solicitor will need to draft the amendments. If the parties are at loggerheads, then solicitors will be needed in the first instance to try to break the deadlock. Cooler, professional heads can often help common sense to prevail when emotions are running high. Of course, if a contested application is made to the court, then professional legal representation will be essential.

For further information and trusted legal advice regarding Child Arrangement Orders, get in touch with us at Carlsons Solicitors.