In this blog we discuss a common situation separating parents may experience when it comes to changing the agreement for school holidays.
Case study: Zara and Tim have been separated for 3 years and share two children, Lara aged 16 and Jim 13. There is a Child Arrangements Order (“CAO”) providing for the children to split the 6-week summer holidays as follows:
- 2 weeks with Tim
- 2 weeks with Zara
- 1 week with Tim
- Last week with Zara
Despite the CAO, the children have always spent the last two weeks of the summer holidays with Zara. This year, Tim has told Zara that he will be keeping the children for the last two weeks of the summer holidays however Zara does not agree. Zara would like to have the children for the last 2 weeks and would like to know what she can do.
It is important to understand that any order of a Court is a legally binding document and failure to comply with an order will amount to a breach. A CAO is legally binding until the child turns 16, unless there are special circumstances in which the age is extended. One parent cannot unilaterally change the arrangements for the children unless there is the express consent of the other parent.
The primary concern will always be the welfare of the children, particularly Jim as he is under the age of 16. Lara is 16 and is now at an age where she can make her own decisions about who she would like to spend her time with.
The options for Zara are as follows:
- Speak to Jim. Try to speak to Jim first to explore if the issues can be resolved between them. There are many parenting apps that have useful tools such as a shared calendar that make it clear what days the children are to spend with either parent. This would help avoid any confusion or conflict in the future.
- Try Mediation. This is a voluntary process and involves a neutral third party who will assist the parties in resolving their issues.
- Application to the Court. If Tim is unwilling to communicate, Zara will have to make an application to the Court for enforcement of the CAO. Alternatively, Zara may want to consider an application for a variation of the CAO instead. As the children have always spent the last 2 weeks of the summer holidays with Zara, she could ask for the CAO to be varied to reflect this.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk
