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SOLICITOR HOLIDAY ADVICE
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Holidays with the kids: your children, your choice?
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Holidays abroad to green list countries may be now legal, but are they advisable? Family lawyer Rita Gupta explores how separated parents may have differing views on the safety and appropriateness of travel.
Just because you can, doesn’t mean you should
As a parent, you are constantly making judgement calls on the suitability of actions involving your children, and assessing the risks and benefits involved. Holidays abroad were often a dividing issue between ex-partners even before the COVID pandemic struck.
Separated parents have always needed to seek agreement from their ex-partner to take children abroad. However, getting that agreement isn’t always easy when ex-partners may not consider it appropriate, or have concerns over the kids spending an extended period of time with the other parent.
Travels in times of COVID
There are further considerations for separated parents; • Is that holiday destination ‘safe’ in terms of COVID infection levels? • Will your children need to quarantine on return, extending their stay with their other parent by two weeks? • Is it simply a risk too far for a week in the sun?
Discussions, not promises
Whatever you do, don’t promise the kids you’ll take them abroad this summer! Travel restrictions are evolving all the time. Holidays need to be discussed with their other parent first, before making plans or discussing it with the children.
Uncooperative co-parents
If your ex-partner doesn’t agree that you can go abroad with the kids, or you refuse permission for them to go, there are legal steps that can be taken. You can apply for a Specific Issue Order or a Prohibited Steps Order from the family court. However, you would need to have good cause to apply, as the courts do not have the capacity to deal with all requests at present.
Ultimately, the focus of the court and all professionals involved will be the welfare of the child.
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What that welfare consists of can differ between parents, and so a compromise has to be reached.
Letters and mediation
One way to seek your ex-partner’s consent is with a child arrangement letter. The letter comes via your family lawyer, so it is seen as impartial and easier to agree to than endless phone calls, emails or texts.
If that doesn’t work, you can use mediation, with an impartial mediator helping both sides come to an agreement. LGFL use mediation to help separated parents to reach an agreement on all sorts of issues that they have very different views about.
Holidays at home in 2021
If you both fundamentally disagree, why not holiday in the UK? You don’t need your ex-partner’s permission to take children on a UK holiday, just a reshuffle of child arrangements if required. After all, a holiday with your children is about relaxing and having quality time together, wherever that may be.
The pandemic leads to very strong views on travel and activities. Even if you were still in a relationship, you may have differing views. The most important thing is to make decisions in a measured manner and try to strike a happy compromise, or seek expert advice.
SPECIAL OFFER
Rita Gupta is offering Stay Connected readers a 1-hour initial fixed-fee consultation to discuss your situation. (For qualifying clients, T&Cs apply).
Rita Gupta - Director - LGFL Ltd
