Contact with Children During School Holidays
It would be dreadful if you had to go on holiday leaving the most important thing behind. Your children.
Unfortunately it happens every year to millions of families because the correct legal advice was not obtained early enough to ensure a resolution in time for the summer holidays. It is not uncommon now for children to share their time between either unmarried or divorced/separated parents. Hopefully contact occurs on a regular basis with little or no issue. What can spark difficulties is asking to take the child away on holiday in the summer. If you are a part of the child’s life on a regular basis why shouldn’t you be able to enjoy some extended time with the child and have some fun away from the usual day to day strain that life puts upon everyone. What better environment is there to enjoy time with your child than on holiday. Unfortunately the other parent may not share this view.
It is always best to try and agree when the holiday will take place. If this cannot be agreed negations can ensue. If these fail a referral to mediation will be made and eventually a court hearing maybe required to resolve the issue if the parties cannot reach a compromise/agreement. A specific issue order is what would be required regarding the issue of a holiday. The Court does have to power to make an order granting a holiday if appropriate. The problem is that the court process is not quick which is why the issue of the summer holidays needs to be considered now. People often wait to broach the subject until nearer the time as they do not want to rock the boat. This is understandable but from a legal perspective not possible. The issue needs to be raised now in case an agreement cannot be reached due to how long it could take to get this issue before a Judge. It would be heart breaking if you cannot have that holiday simply because you ran out of time.
If you want to know further information upon this area please do not hesitate Jennifer Taylor.