Why summer holiday arrangements shouldn’t be at the bottom of your packing list

For parents that are separated, the idea of their ex-partner taking the children abroad can be extremely difficult and emotional to come to terms with.  These feelings are also compounded by worries about whether it is safe to travel or not due to COVID-19.

Even in cases where both parties are amicable, many parents experience anxiety for a variety of reasons, such as worrying that their ex-partner may not return with the children or may not deal with an emergency appropriately. Many also worry that their ex-partner cannot manage caring for the children on their own, or that a prolonged period of time in their ex partner’s care may impact on their own relationship with the children.  This year, Covid-19 brings new concerns, such as whether holidays can happen, and whether there will be specific testing or quarantining considerations to be had.

Lisa Harbour, Family Law Executive and Associate

When you hear that your ex-partner wishes to take the children on holiday abroad, you may experience a fight-or-flight response, but it’s important to take a step back and consider all the options. Your first reaction may be to try and stop the trip, but it’s important to consider what’s in the children’s best interests in the first instance.

It could be that your concerns are emotionally motivated, particularly if the separation is recent or communication is difficult. Consider making a list of all of your concerns and then determine whether they are practical or emotional concerns.  

An important thing to consider is whether the trip in itself would be in your children’s best interests.  Would your children be missing out on an opportunity if you prevented the holiday?  Is there any way of trying to make the trip work?  If there is room for negotiation, such as agreeing telephone or Facetime contact whilst the children are away, then this should always be explored.  Likewise, there may be arrangements that could be made before or after the trip to accommodate for any specific COVID-19 requirements.

For parents wanting to go abroad with their children, it’s important to bear in mind how this may make the other parent feel.  Approaching matters in an amicable fashion is best, and sometimes the simple matter of providing details of your travel and accommodation arrangements, as well as more information surrounding the COVID-19 requirements, will reassure the other parent. 

Make sure to give the other parent notice of your intentions to avoid any last minute panic or the need for the court to become involved.  It is important that you allow time for the children’s passports to be made available and any difficulties to be addressed - keeping the other parent involved may help you both reach an early and amicable agreement.

Whether you are able to take your child abroad will depend on a number of factors, including whether there are any orders in place relating to your children, your intended holiday destination, and how long the trip is for. The important thing is not to leave arrangements until the last minute!

Here at Jackson Lees we can advise you as to your rights in relation to taking your children on holiday in the UK or abroad, preventing your ex-partner from taking the children on holiday if you have concerns and what steps you can take to resolve matters.

Since lockdown began, we have remained very much open for business virtually and continue to handle all client cases and new enquiries as if we were in the office. We are able to offer telephone consultations, and, where practical, video meetings.

If you would like to talk to one of our specialist family law advisers, please call us free on 0808 271 5266 (also free to call from mobiles) or email family@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk